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Ghana and Nigeria have been participating in international law by incorporating customary regional practices and recognized international legal concepts in their domestic judicial systems from their pre-colonial era until the present. International law has traditionally proved to be the foundation of domestic legal concepts and the application of law in the domestic courts; even during the colonial and immediate post-colonial periods when the sovereignty of both countries was severely limited by the illegalities of the British invaders that included duress, intimidation, fraud, and other vitiating factors. Though some problems remain, important indicators suggest that Ghana and Nigeria are uniquely positioned to be innovators and generators of institutions and rules of international law, rather than their passive recipients.

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