STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

CUSTOMARY LAW IS PART OF NIGERIAN LAWS WHEN PROVED

Reach more audience. Place advert here.

The cases cited by learned Counsel for the parties namely Esugbayi Eleko v Officer Administrating the Government of Nigeria; In Re Whyte; Cole v Cole; Nwokoro v Onuma; Buhar of Kaligeri v Bornu Native Authority; Laoye v Oyetunde, deal with elementary principles of our customary law jurisprudence to wit that customary laws are part of the body of laws to be applied by the Court, the application of customary laws subject to the doctrine of repugnance, the essential ingredients of proof and incidents of customary laws.

– Nwokedi JSC. Agbai v. Okogbue (1991) – SC 104/1989

Was this dictum helpful?

SHARE ON

customary law

CUSTOMARY LAW IS LAW, AND NOT ARBITRARILY

The importance of customary law vis-a-vis Customary Courts to adjudication process or administration of justice system in Nigeria cannot be over-emphasized. The sui generis nature of Customary Courts vis-a-vis the practice and procedure thereof have also been alluded to above. Regrettably, ever since the emergence of the sociological ideas of Roscoe Pound, with particular regard to the modern concept of law in a developing society, the most unreasonable and highly misplaced criticism about African law (customary and nature is that it is merely custom, and not law. However, most cherishingly, concerted efforts have so far been made to sweep away the cobwebs, the myths, prejudices, and philosophical doubts of those who hove all along denied that there was any such thing as African law, customary or native low. Professor Allott, formerly of the School of Oriental And African Studies, University of London, was most pertinent when he wrote, inter alia, thus: ‘African law (customary law) is, in short, reasoned, it is not arbitrary savage or non-existent. The difference between African and Western law is one of degree, not of kind.’

– I.M.M. Saulawa JCA. Agara v. Agunbiade (2012) – CA/L/304/2009

Was this dictum helpful?

APPEAL FROM CUSTOMARY COURT OF APPEAL TO COURT OF APPEAL MUST RELATE TO CUSTOMARY QUESTION

Pam vs. Gwom (2000) FWLR 9Pt.1) 1 at 12 that: “The right of appeal from the Customary Court of Appeal to the Court of Appeal is as of right and must relate to any question of Customary Law and/or such other matters as may be prescribed by an Act of National Assembly that can extend this right by providing for such matters. Neither the Federal Military Government nor the National Assembly, made such other provision as envisaged in Section 224(1) of the 1979 Constitution. In the circumstances, for an appeal from the Customary Court of Appeal to the Court of Appeal to be competent, it must raise a question of Customary Law.”
Ayoola JSC: “The question therefore is: when is a decision in respect of a question of Customary Law? I venture to think that a decision is in respect of Customary Law when the controversy involves a determination of what the relevant Customary Law is and the application of the customary Law so ascertained to the question in controversy… When the decision of the Customary Court of Appeal turns purely on facts, or a question of procedure, such decision is not with respect to a question of Customary Law, not withstanding that the applicable law is Customary Law.”

Was this dictum helpful?

DENYING LANDLORD’S TITLE UNDER CUSTOMARY LAW WARRANTS FORFEITURE

There is no doubt that from the pleading and the evidence the respondents have denied the title of the appellants which is an act of misconduct under customary law. It is an act of misbehaviour which attracts the penalty of forfeiture Ojomu v. Ajao (1983) 2 SCNLR 156; Josiah Aghenghen & Ors. v. Chief Maduku Waghoreghor (1974) 1 S.C.1, Ajani Taiwo & Ors. v. Adamo Akinwumi & Ors. (1975) 4 S.C. 143.

— Olatawura, JSC. Ogunola v. Eiyekole (1990) – SC.195/1987

Was this dictum helpful?

DOCTRINE OF REPUGNANCY TO FINE TUNE CUSTOMARY LAW

As our society advances, they are more removed from its pristine social ecology. They meet situations which were inconceivable at the time they took root. The doctrine of repugnancy in my view affords the courts the opportunity for fine tuning customary laws to meet changed social conditions where necessary, more especially as there is no forum for repealing or amending customary laws. I do not intend to be understood as holding that the Courts are there to enact customary laws. When however customary law is confronted by a novel situation, the courts have to consider its applicability under existing social environment.

– Nwokedi JSC. Agbai v. Okogbue (1991) – SC 104/1989

Was this dictum helpful?

NATIVE LAW IS MIRROR OF USAGE

Native law and custom is, I think, a mirror of accepted usage.

— Bairamian, F.J. Owonyin v. Omotosho (1961) – F.S.C.249/1960

Was this dictum helpful?

CUSTOMARY LAW IS A QUESTION OF FACT TO BE PROVED

It is well settled that customary law is a question of fact to be proved by evidence. See Section 14 of Evidence Law. Hence a party who alleges the existence of a particular custom must adduce sufficient evidence in support and to establish its existence to the satisfaction of the court. See Inyang v Ita (1929) 9 NLR 84. But there comes a time when by frequent litigation in the courts, a point of customary law has been sufficiently ruled upon, the courts will no longer require proof, and would be prepared to take judicial notice of it. See Angu v Attah, PC 74, 28, 43; Buraimo v Gbamgboye (1940) 15 NLR 139; Giwa v Erimolokun (1961) 1 All NLR 294, 1 SCNLR 337. The burden is on the defendants to establish the custom they rely upon for their defence. Balogun v Labiran (1988) 3 NWLR (Part 80) 66. Indeed only a single decision, sufficiently cogent and authoritative would be sufficient – Larinde v Afiko (1940) 6 WACA 108, but see Cole v Akinyele (1960) 5 FSC 84; (1960) SCNLR 192; Folami & others v Cole & others (1990) 2 NWLR (Part 133) 445.

– Karibe-Whyte JSC. Agbai v. Okogbue (1991) – SC 104/1989

Was this dictum helpful?

No more related dictum to show.