The majority of customary laws represent certain community regulations that have been accepted for generations and thus became an inseparable part of the culture of its members. The proof of Customary Law is into two folds: Proof before Customary Courts and Proof before non- customary Courts. For example, in Ukeje v Ukeje the Supreme Court held that a Custom denying women the right to inherit the father’s property is invalid, in Okonkwo v Okagbue a custom which allows a woman to be married to a dead man was declared invalid, in Uro v Iro a custom denying women the right to give evidence in relation to a Land subject of Customary Occupancy was declared invalid, in Meribe v Egwu a custom allowing women to women marriage was declared invalid, in Guri v Hadejia N.A a custom denying a person accused of armed robbery the right to defend himself was declared invalid as it is contrary to Natural Justice, Equity and Good Conscience. The Nigerian legal system is somewhat broad and diverse. This is caused by the diversity of the people of Nigeria. Proof of Customary Law before Non- Customary Courts: Non- Customary Courts in this context refer to Courts other than the area or customary Courts, such as the Magistrate Court, High Court, Court of Appeal, and Supreme Court. Thus, where the Court has ruled on a particular Custom, it is said to have been Judicially noticed and requires no further prove. And also, Nigeria laws is always open for any faith to include their laws. Such Custom maybe proved either through: Witnesses, Expert opinion, Book or Manuscript. CUSTOMARY COURT LAW OF LAGOS STATE. Customary law, or native law and custom and its enforcement system was the only legal system that existed among the indigenous peoples and communities, long ago, before the colonialists, and other religions and systems of law came and took root in the area known today as Nigeria and elsewhere in Black Africa. Nigeria has over 250 ethnic tribes and this means that the pattern of inheritance under customary law will vary according to each ethnic group. Section 16(1) Evidence Act 2011 provides that a Custom may be adopted as part of the Law governing a particular set of circumstances if that Custom can be Judicially noticed or can be proved to exist by evidence. Inheritance is commonly patrilineal and sharing of assets tends to be in favor of the male child.Below we have listed the rules of inheritance (by customary laws) of some ethnic groups in Nigeria. Moslem law is religious law based on the Moslem faith and applicable to members of the faith. This is due to the colonization factor. However, where a custom fulfills this Public policy test, incompatibility test, and Repugnancy test, such custom qualifies as a customary law and may be relied upon as an evidence or proof in Court. 131, 132 (1996). C23 Laws of the Federation of Nigeria 2004 (as amended), and recognized by the courts. DIVORCE PROCEEDINGS UNDER CUSTOMARY LAW INTRODUCTION The native law and customs, nowadays referred to simply as Customary Law, pervaded the entire Nigerian Society even in the areas where Islamic law exists. Notify me of follow-up comments by email. The Sharia/ Muslim law on the other hand is equally a part of the customary law. African customary law was the dominant legal system in much of pre-colonial sub-Saharan Africa. L. Y.B. The Act, divest any claimant of radical title and limits his claims to a Right of Occupancy. Court cases do bring up judicial precedents too and they make up integral part of the Nigerian law. | ISBN: 9783659631177 | Kostenloser Versand für alle Bücher mit Versand und Verkauf duch Amazon. These methods are: By Judicial notice and By Evidence. WHAT IS CUSTOMARY LAW IN NIGERIA?Hon Justice Narebor (1993) gave a definition of customary law to be: … a rule of conduct which is customarily recognized adhered to and applied by the inhabitants of a particular community in their relationship with one another within or outside the particular community and which has obtained the force of law, in that non-compliance with the rule or custom in question … Customary Courts of Appeal are interspersed in the country. Another adherent of the above view is Obilade [20] who maintained that customary law in Nigeria may be divided in terms of nature, into two classes, namely, ethnic or non-Moslem customary law and Moslem law. So if for instance, I am alleging that the Custom of Obe Community does not allow a female child to inherit the property of her deceased father, I have to prove that such Custom exists, and one of the ways I can prove it is by calling Witnesses who are vast with the Custom of Obe community. NATURE OF CUSTOMARY LAND TENURE SYSTEM. Copyright © 2020 Bscholarly LLC | All Rights Reserved. At customary Law, ownership of land is generally vested in the village, community or family with the head holding it for the use of the whole village, community or family respectively. Required fields are marked *. Is it a crime in Nigeria to verbally promise a lady marriage and then fail to fulfill it? NATURE OF CUSTOMARY LAND TENURE SYSTEM. This simply means that where there is an existing legislative enactment, and there is a Custom contrary to that existing Legislative enactment, such Custom is invalid. 2. Section 3(1) of the Law provides that 'A marriage . A customary marriage is one where spouses are married in terms of customs and tradition. Customary law is the law that captures the norms, traditions and rules of behaviour of the people. Rape against women is a significant ill plaguing the Nigerian society, and one of the least reported crimes in Nigeria. Save or instantly send your ready documents. Generally, the English Common Law forms part of the foundation on which the Nigerian legal system is built. i am looking for a direct definition of Nigerian customary law, but what i see here is explanations. Nigeria and an administrator for the Lagos colony. The process of Islamizing Nigeria had been considerably successful over the years and this is one of the factors that promotes the introduction and inculcation of the Islamic law into the Nigerian legal system. Customary Law in Nigeria Through T | Kolajo, A. divide Nigeria into districts, for the purposes of this Act, and may, from time to time, by like order, alter the districts. Thus, the Nigeria nation-state is a British creation. The customary court is responsible for enforcing the ethnic customary laws. Section 18(3) Evidence Act 2011 states that “In any Judicial proceedings where a Custom is relied upon, it shall not be enforced as Law if it’s contrary to Public Policy, or is not in accordance with Natural Justice, equity and good conscience.”. In the case of Ababio v Nsemfo (1947) 12 W. A.C.A 137 where the Court held that in a Customary Court, proof of Customary Law is not necessary where the person presiding over the Court is member of that community and he is versed in Knowledge of the Customs of the Land. THE IBO CUSTOMARY LAW OF SUCCESSION Customary succession among the Ibos is predominantly patrilineal[32]. This therefore means that where a Custom has not been adjudicated by a superior Court of record, such custom is to be proved as a fact before a Non-Customary Court. Hence, diversity in people implies diversity of customs. . It has been established in Plateau, Edo, Delta, Imo, Federal Capital Territory, Abia, Benue and Taraba States. The place of international law in the Nigerian legal system also cannot be overemphasized, since Nigeria is a member of a number of international bodies, like the African Union, the Commonwealth of Nations, the United Nations, and the Organization of Petroleum Exporting Countries and so on. Tree &Trees JusticeMedia; Child in Law Foundation; Partnership for LawNigeria; Donate; 0. The age of marriage under customary law is governed in the three Eastern States of Nigeria by the Age of Marriage Law 1956. Most customary laws deal with standards of community that have been long-established in a given locale. Website in this paper consider customary law is into two folds: proof before non- customary Courts proof. In Nigeria Islamic religion habet rule include their laws 6 Ike Ehiribe the. ; Child in law foundation ; Partnership for LawNigeria ; Donate ; 0 paper customary... Is no uniformity in customary law applies to members of a portion of the customary must... 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