CHALLENGES TO THE CONCEPT OF DOMICILE IN NIGERIA IN THE 21ST CENTURY

Abstract

The emergence of information technology which defies all known international boundaries and legal systems is a development which prompts various legal issues and problems, most of which can or ought to be resolved by Private International Law. The concept of domicile in conflict of laws in Nigeria has been challenged by this development. Domicile as a traditional concept becomes meaningless as a connecting factor in the face of information communications technology revolution. Through the doctrinal research method, this article has found that for internet torts, it is difficult to find who is liable for a tort committed in cyber space unlike in traditional libel law where every participant in the communication is liable. It also found that the concept of domicile becomes inappropriate as a connecting factor to determine the choice of law and the applicable law in internet transactions. It recommends that, in view of the realities of the 21st century world of globalization and the inappropriateness of domicile as a connecting factor, laws should be enacted to provide for the issues of choice of law and internet jurisdiction in order to accommodate the developmental needs of Nigeria and to enhance justice delivery.