Section 3(1) of the Law provides that 'A marriage . ... customary law shall be the customary law of the place where the land is situated. Thus, where the presiding judge is not a member of the community, nor is versed in their Custom; proof of evidence may be required. Notify me of follow-up comments by email. This definition was given in … 3. The legal system of Nigeria is designed to bring to focus and consideration all these regions so as to form a unifying kind of law in which everyone will feel represented. Some of these laws that are not favourable to women include the aspects of rape, Indecent Assault, Domestic Violence, Customary law practices, Will and Property Rights, Marriage and Divorce, amongst others. In Nigeria, it is not indigenous law; it is … | ISBN: 9783659631177 | Kostenloser Versand für alle Bücher mit Versand und Verkauf duch Amazon. If other faiths too have a strong legal base, let them also include it. Customary Law Practices in Nigeria: The case of the Niger Delta | Akolokwu, Grace O. But it is not uniform and harmonious, it is fluid and diversified. Expert opinion: Section 68 Evidence Act 2011 provides for the opinion of persons specially skilled and highly knowledgeable in Customary Law to be admissible when the Court has to form an opinion upon a point of Customary Law. Books or Manuscript: Section 70 Evidence Act states that “ In deciding questions of Customary Law and Custom, the opinions of traditional rulers, chief, or other person’s having special knowledge of the Customary Law and Custom and any book or Manuscript recognized as a Legal Authority by people indigenous to the locality in which such Law or Custom applies, are admissible.”. Its influence on the Nigerian legal system is enormous. The non-Muslim laws are referred to as the indigenous laws and these laws are derived from the various ethnic groups in Nigeria. Section 18(3) Evidence Act provides that any Custom relied upon shall not be enforced as Law if it is contrary to Public Policy. For example, in Ibrahim v Barde, the Court held admissible a book, which according to some witnesses is regarded in Suleja as an authentic account of the history and culture of the people of the area. And there seems to be some form of indirect attack on Islam (even though I agree that there could be an element of truth in what you have said).In the end I came away, after reading this article, unsatisfied. “Customary law in Nigeria can be described simply as an amalgam of customs or habitual practices accepted by members of a particular community as having the force of law as a result of long established usage.” 39 Ike Ehiribe, The Validity of Customary Law Arbitration in Nigeria, 18 Comp. In conclusion, a Customary law is in the first instance a matter of fact to be proved before the normal Courts, while before an area or Customary Court, whether it is a matter of fact or whether it can be Judicially noticed depends on whether it is a Custom within the area of Jurisdiction of the Court or not. Also see: Exceptions to Nemo dat quod non habet rule. "Thus, while these characteristics do not impede its use or effectiveness in the im… Easily fill out PDF blank, edit, and sign them. Various High Court rules enabling the application of Customary Law provides that a rule of Customary Law which is incompatible either directly or by necessary implication, with any Law for the time being in force cannot be observed or enforced by the Courts. Nigerian Law Teachers & Librarians; Law Publications. Despite how beautiful and educative this write up is, the writer seems to be bias. For example, if there is a dispute relating to the entitlement of a female child to the property of her deceased father, and the custom says the same, but male in the family argue otherwise, that custom alleged to allow the female child to inherit her father’s estates need not to be proved in Court as the court will take judicial notice of the decision in the adjudicated case of Ukeje v Ukeje where the supreme Court held that a female child is entitled to the property of her deceased father and a custom that is to the contrary is invalid. 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. 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. Moslem law is religious law based on the Moslem faith and applicable to members of the faith. Repugnancy Doctrine and Customary Law in Nigeria To examine the issue of native customary law and the doctrine of repugnancy, it is usually better to start such examination from the premise of ‘internal conflict of laws’. Bscholarly is an education and legal blog that is focused on disseminating Legal tips/news, Court judgments, Case Summaries, Admission News and school tips for scholars all over the world. Customary laws vary from community to community but, The growth and development of contemporary society in Nigeria and present social, political and economic pains (particularly in an economy in recession),being inflicted on per second dosage on most Nigerians have had grave or adverse effect on the life span and sustenance of marriages in general and customary law marriages in particular. Proof by Evidence: Section 18(1) Evidence Act 2011 provides that where a custom cannot be established as one Judicially noticed, it shall be proved as a fact. A rule of Customary Law must not be repugnant to Natural Justice, Equity and Good conscience. 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. CUSTOMARY COURT LAW OF LAGOS STATE. Also see: Differences between 1960 and 1963 constitution of Nigeria. 37 Fekumo, J. F. Principles of Nigerian Customary land Low, F & F Publishers (Nig.) Nigeria Facilitator, School of Law, National Open University of Nigeria, Uyo Study Centre ABSTRACT: Some researchers have opined that Customary Law regulates the lives of about 80% of Nigerians and that is why it is being argued that Nigerian courts should enforce Customary Laws. Customary law according to Mukoro (2004) while speaking about the Evidence Act of Nigeria Section 2, sub-section 1 of 1990 said that customary law is the rule in a particular area that has attained the force of law due to prolong usage. For example, in Obe community, it’s only the first son that can be a King, this rule that marks the requirement for being a King in Obe community; from it’s Long usage qualifies as the custom of Obe community. The Nigerian legal system makes effort to bring all these aspects into consideration too. divide Nigeria into districts, for the purposes of this Act, and may, from time to time, by like order, alter the districts. The Constitution of Nigeria, 1999 (as amended) has made adequate provisions for States, through their respective Houses of Assembly to establish Area and Customary Courts to hear and determine … This aspect of the customary law has its foundation in the Islamic religion. A. Int’l Bus. Public Policy Test: Section 18(3) Evidence Act provides that any Custom relied upon shall not be enforced as Law if it is contrary to Public Policy. However, where there is no Customary Court in Obe community and the dispute is taken to a Customary Court in another community (outside the area of Jurisdiction of Obe) the Judge may require the calling of evidence to prove such Custom. Individual right is limited to use and enjoyment of a portion of the land allocated to them. Do not forget also that Nigeria is made up of three main regions, vis-à-vis the Western Region, the Southeastern Region and the Northern Region. The Nigerian common law is divided into 2 broad aspects, which are: • The non-Muslim/Ethic laws and • The Sharia/Muslim laws . Also see: Differences between civil service and public corporation. The proof of Customary Law is into two folds: Proof before Customary Courts and Proof before non- customary Courts. ... that neither of the parties to the intended marriage is married by customary law to any person other than the person with whom such marriage is proposed to be contracted. Rape against women is a significant ill plaguing the Nigerian society, and one of the least reported crimes in Nigeria. Law of the Federation; Law of the 36 States; Cases & Court Rule; Law Texts; Forms & Templates; Journals & Periodicals ; Special Needs Law Resources; About Us. no, its not a crime… something that may be morally frowned upon, yes but not a crime. It is not enlightening at all, I was hoping to learn something new. 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. 2 Traditional courts, i.e., indigenous courts, which the British found in the territories now constituting Nigeria were called native courts by the British administration. ABSTRACT: Some researchers have opined that Customary Law regulates the lives of about 80% of Nigerians and that is why it is being argued that Nigerian courts should enforce Customary Laws. In the communal legal system, which obtained before the advent of modern legal system, … Sharia law is not just the bye product of the religion of the Northerners(Islam), it is the nucleus of northern culture- it is in fact their culture. Generally, the English Common Law forms part of the foundation on which the Nigerian legal system is built. L. Y.B. 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. Differences between Cross-offers and counter-offers, Exceptions to Nemo dat quod non habet rule, Differences between 1960 and 1963 constitution of Nigeria, Differences between civil service and public corporation, Brain Drain in Nigeria: Causes, Effects & Solutions, Major Tools For Economic Analysis (Explained), Features of Lyttleton Constitution of 1954, Merits, Demerits & Features of Macpherson Constitution of 1951, Merits, Demerits & Features of Clifford Constitution of 1922, Positive and Negative Effects of Colonialism in Africa, Why Indirect Rule Succeeded in Northern Nigeria: 7 Reasons, Why Indirect Rule Was Adopted In Nigeria: 8 Reasons, Differences Between Policy of Assimilation and Indirect Rule, Advantages and Disadvantages of Proportional Representation, Reasons for the Partial Success of Indirect Rule In the West, How to Register a Business Name in Nigeria Online, Youngest Governors in Nigeria and Their Age (2020), Functions and Duties of the Nigerian Police Force. Customary Law in Nigeria Through T | Kolajo, A. THE IBO CUSTOMARY LAW OF SUCCESSION Customary succession among the Ibos is predominantly patrilineal. If a party to such a void marriage is charged with any of the sexual offences under the Cnminal Code arising from having unlawful carnal … . It doesn’t have a formal status but is still recognized in court. Customary law varies from place to place and there may be as many customary laws as there are independent communities in the country. For example, in Agbai v Okogbue the plaintiff’s sewing machine was seized because he failed to pay the development levy for the purpose of building a health center in his village. Individual right is limited to […] Nigeria has over 250 ethnic tribes and this means that the pattern of inheritance under customary law will vary according to each ethnic group. (192), § 32(1).English “statutes of general application” and other statutes, which had formed part of the received English law in Nigeria, are no long… 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. These form the basis of what is termed the customary law in Nigeria. English law in Nigeria is derived from the colonial Nigeria, while common law is a development from its post colonial independence. So this should not be termed Islamization of Nigeria. 2. Aside the tribal/ethnic diversity in each of these regions, there is also the religious diversity. This method of adjudication is governed by the Nigerian customary law. Today, the application of customary law by courts in pluralist jurisdictions presents at least two issues.One involves the question of how to establish a particular customary law.This is mainly because (unlike state law, which tends to be uniform, relatively stable, and is issued formally and publicized) customary law in African jurisdictions is diverse and "remains largely unwritten, informal, and often difficult to ascertain. See, e.g., Native Courts Proclamation, 1900, No. Section 18(1) Evidence Act 2011 provides that where a custom cannot be established as one Judicially noticed, it shall be proved as a fact. NATURE OF CUSTOMARY LAND TENURE SYSTEM. Also, in Oyelowo v Oyelowo (1987) 2 NWLR, Pt 56 p. 239, the Court relied on the Nigerian Land Law book by Professor Ben Nwabueze (SAN). between or in respect of persons either of whom is under the age of sixteen shall be void'. For example, in Obe community, it’s only the first son that can be a King, this rule that marks the requirement for being a King in Obe community; from it’s Long usage qualifies as the custom of Obe community. The court has on numerous occasions declared invalid Customs that has failed this repugnancy test. Section 17 Evidence Act states that a Custom may be Judicially noticed when it has been adjudicated upon by a superior Court of record. Proof of customary law in Nigeria: A custom is a rule in a particular district, which has from long usage obtained the force of Law in that district. Customary law is an important source of Nigerian law. 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. Customary norms, religious beliefs and social practices that influence gender-differentiated land rights. Nigeria. i am looking for a direct definition of Nigerian customary law, but what i see here is explanations. Its diverse nature calls for special studies. It has been established in Plateau, Edo, Delta, Imo, Federal Capital Territory, Abia, Benue and Taraba States. Proof of Customary Law before Customary Courts: Where a Custom is to be proved before a Customary Court within the area of Jurisdiction of that community, the president or judge of the customary Court is deemed to know the law and as such evidence is not required to prove the custom. Save my name, email, and website in this browser for the next time I comment. In Nigeria, customary law may be divided in terms of nature into two classes, namely, ethnic or non-Moslem customary law and Moslem law. In this It is worthy to note that it’s not every Custom that qualifies as a Customary Law. 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