Anthony Diala
I am a socio-legal scholar, an advocate, and the first PhD recipient in the NRF Chair in Customary Law, Indigenous Values and Human Rights at the University of Cape Town. In an era of globalisation and rapid socioeconomic changes, I distance myself from scholarly tendency to perceive African customary law and state law as antipodal social fields. I believe their dialogue hints at a ‘unity in duality.’ Currently, I am working on a monograph and teaching customary law and legal pluralism at the University of the Western Cape. My research and supervision interests are in legal pluralism, human rights, family law, comparative constitutionalism, and legal history. I obtained a PhD from the University of Cape Town (2016), an LLM in human rights and democratisation from the University of Pretoria (2007), a postgraduate diploma from the Nigerian Law School, Abuja (2004), and an LLB from Enugu State University (2002). I sit on the editorial board of journals in South Africa, Nigeria and Kenya. I facilitate for the Next Generation in Africa Fellowship programme of the Social Science Research Council of New York. I also belong to international bodies such as the Research Quality Plus College of Reviewers of Canada's International Development Research Centre, the College of Senior Mentors of the Council for the Development of Social Science Research in Africa, and the Advocacy Committee of the African Studies Association. My work experience spans Madonna University, Nigeria, the International Criminal Court, the International Criminal Tribunal for Rwanda, and the Justice and Peace Commission, Nigeria. Among others, I hold awards from the American Council of Learned Societies, the Nordic Africa Institute, the Social Science Research Council of New York, the Institute of International Education/Carnegie Corporation, the German Academic Exchange Service, the Commonwealth Broadcasting Association, and the National Research Foundation of South Africa.
Address: Department of Private Law, University of the Western Cape, South Africa
Address: Department of Private Law, University of the Western Cape, South Africa
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Papers by Anthony Diala
The study utilises literature review, interviews, archival searches, and case analysis to investigate the ways in which judges acknowledge living customary law in the context of women’s matrimonial property rights in South-East Nigeria. It finds that while women are generally apathetic to matrimonial property claims, judges are generally insensitive to customary law’s process-oriented character and pay little attention to how customs are being adapted to socio-economic changes. It further finds that judicial recognition of living customary law is hampered by a colonial legacy of rule-based adjudication, disregard for the values that inform customary law, and judges’ non-resort to constitutional values that could promote women’s matrimonial property rights. Connected to this finding is the failure of the Constitution to provide for these rights and define customary law’s status in the legal system.
The study concludes that judicial recognition of living customary law is inhibited by Nigeria’s poor legal framework and the technical nature of court rules. It suggests that the manner in which people adapt customs to socio-economic changes should guide judicial and legislative approaches to customary law.