DOMICILE UNDER NIGERIAN LAW: THE REVIVAL DOCTRINE REVISITED

Abstract

The Concept of domicile as received and adopted in Nigeria is fraught with difficulty in its application due to unrealistic and artificial rules leading to uncertainty of outcome. Despite this uncertainty and inherent weaknesses in the application of the concept of domicile, it is still applied in Nigeria. The concept under the received English Law is grouped under three species, which include domicile of origin, domicile of choice and domicile of dependency. Through the doctrinal research method, this article has found that domicile of origin has the characteristic of connecting a person to a legal system which may be far and remote from the circumstances of his life. It also found that domicile of origin has the potential of reasserting itself as the person’s actual domicile. It recommends that the revival concept of the domicile of origin should be abolished, as same has become archaic in this age of migratory population where the world is seen as a global village. It was suggested that an established domicile continues until the acquisition of a new one to replace the revival of domicile of origin rule.