AN APPRAISAL OF THE APPLICATION OF THE LAW RELATING TO DOMICILE IN NIGERIA

AN APPRAISAL OF THE APPLICATION OF THE LAW RELATING TO DOMICILE IN NIGERIA

ABSTRACT

This research project entitled ‘AN APPRAISAL OF THE APPLICATION OF THE LAW RELATING TO DOMICILE IN NIGERIA’, is aimed at examining the legal framework of the law relating to the concept of Domicile in Nigeria. However, in the course of this research, the finding of the researcher is that there is a gaping hole in the application of the rules of Domicile especially that of Domicile of Choice in interstate situation like Nigeria. For instance, according to the traditional concept, the rule of Domicile is to the effect that, to acquire a Domicile of choice, a person must satisfy, amongst others, a principal condition that he must have an intention of remaining in a country or place permanently or at least, indefinitely. This is not practically possible or feasible in Nigeria. Nigeria is a country made up of many States with various ethnic flavors where there is a high mobility of persons as a result of inter-marriages, work and search for ‘greener pastures’. The need to address this unsuitable circumstance constitutes the justification for this research. In the light of this, therefore, the objective of this research is to identify the challenges of the present practice to make viable recommendation as a way forward to addressing the challenges identified. In the final analysis, this research work is concluded by recommending, amongst others, that there should be a consideration of habitual residence as a requirement for acquisition of Domicile of choice rather than intention to reside permanently in a place. The research methodology relied upon will be doctrinaland the sources of information include relevant text materials, statutes, judicial decisions, journals and internet sources.

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