Empirical Analysis of Legal Pluralism in Family Law Disputes in Kogi State: Islamic, Customary and Statutory Frameworks in Competition

📖 ABSTRACT/OVERVIEW

Kogi State in North Central Nigeria has a religiously and ethnically diverse population in which Islamic, customary, and statutory legal frameworks all claim authority over family law disputes, creating a legally pluralistic environment in which forum shopping, conflicting decisions, and jurisdictional ambiguity are systematic features of family dispute resolution. This study empirically analyses the operation of legal pluralism in family law disputes in Kogi State. A mixed empirical methodology is applied to sixty family law case files from Kogi State Customary Courts, Area Courts exercising Islamic law jurisdiction, and the State High Court, covering the period 2015 to 2022, supplemented by structured interviews with twenty judges across all three court types and fifteen family law practitioners. The study quantitatively analyses patterns of forum selection, tracks cases where multiple systems have been invoked, and identifies doctrinal conflicts between judicial outcomes across the three legal systems in inheritance, divorce, and child custody matters. Qualitative thematic analysis of selected conflicting decisions is also conducted. Available legal pluralism literature from North Central Nigeria identifies strategic forum shopping for favourable outcomes as the primary litigant behaviour in pluralistic family law environments, creating systemic injustice. The theory of legal pluralism by Griffiths and the constitutional framework for court hierarchy provide the analytical reference. Findings are expected to reveal systemic conflicts and forum shopping practices. Recommendations address coordinated jurisdiction protocols, harmonisation guidelines, and appeals coordination mechanisms in Kogi State courts. Keywords: legal pluralism, family law, Kogi State, North Central Nigeria, forum shopping.

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Departments# Islamic Law