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TABLE OF CONTENTS
Title page - - - - - - - - - i
Declaration - - - -- - - - - - ii
Certification - - - - - - - - iii
Dedication - - - - - - - - - iv
Acknowledgement - - - - - - - - v
Table of Contents - - - - - - - - vii
Table of Cases - - - - - - - - x
Table of Statutes - - - - - - - - xii
List of Abbreviations - - - - - - - xiii
Abstract - - - - - - - - - xiv
CHAPTER ONE
1.0 Introduction - - - - - - - - 1
1.1 Background of the Study - - - - - - 1
1.2 Statement of Problem - - - - - - 2
1.3 Purpose of the Study - - - - - - 3
1.4 Scope of the Study - - - - - - - 4
1.5 Significance of the Study - - - - - - 4
1.6 Methodology and Organization of the Study - - - 6
1.7 Definition of Terms - - - - - - 7
CHAPTER TWO
2.0 Literature Review and Scope of Customary Law - - 8
2.1 Literature Review - - - - - - - 8
2.2 Attributes of Customary Law - - - - - 16
2.4 The Necessity of Customary Law as a Source of Nigerian
Law - - - - - - - - 20
CHAPTER THREE
3.0 The Development of Customary Law in Nigeria - - 23
3.1 Proof of Customary Law in Nigerian Courts - - - 23
3.2 Judicial notice of Customary Laws - - - - 29
3.3
The Prerequisite for the Application of Customary Law - 34
CHAPTER FOUR
4.0 Summary, Conclusion and Recommendation - - - 54
4.1 Summary - - - - - - - - 54
4.2 Conclusion - - - - - - - - 57
4.3 Recommendations - - - - - - - 59
Bibliography - - - - - - - 61
TABLE OF CASES
Oyewumi v. Ogun Sesan (2002) 5 NWLR 404
Aku v Aneki (1991) LPELR – SC 104/1889
Orisua v. Aiyebelahin (2004) Sc 11/2000
Kindey & Ors V Military Governor State (2001) 11 NWLR pt. 723, 186
Owoniyi v Omolosho (1897) NWLR pt 513
Lewis v Bankole (1947 12 WACA 127
Ogenwunmi v. Ogunseson (1996) NWLR P. 137
Nsemfo v. Ababio (1747) 12 WACA 127
Fijabi v Odumola (1747) 12 WACA 127
Ehigic V Ehigic (1965) 17 WACA 213
Ababio v Nsemfoo (1961) All NLR 842
Usman v Kareem (1994) 8 NWLR pt 373
Ogiugo v Oguigo (1982) All NLR pt. 312, p. 213
Osnogu v Attch (1977) 12 NWLR pt. 303, p. 24
Nzewu v Nzekwu and Ors (1999) 19 WACA 214
Eshugbaye Eleko v Government of Nigeria (1734) NWLR p. 312
Okonkwo v. Okagbue & Ors (1942) NWLR pt. 412
Mariyama v. Ejikeme (2979) 3 NWLR t. 415
Edet V. Essien (1996) All NLR p. 23
Yusufu v Oklua (1767) NWLR p. 216
Eugene Meribe v. Joshua Egwu (1756) LL NWLR P. 332
Alajemba Uke & Anor v Albert (1992) 5 NWLR p. 414
Gregory Obi Ude v. Clement Nwara (1949) All NLR p. 34.
TABLE OF STATUTES
Constitution of the Federal Republic of Nigeria 1999, CAP (24, LFN, 2004)
Evidence Act Cap E14 LFN 2011
LIST OF ABBREVIATIONS
AC - Appeal Cases
All FWLR - All Federal Weekly Law Report
All NLR - Federal Supreme Court
NCLR - Nigerian Constitutional Law Report
NWLR - Nigerian Weekly Law Report
SC - Supreme Court
Ors - Others
Anor - Another
ABSTRACT
Customary law is an important source of Nigerian law. Its influence on the Nigeria Legal System is enormous. It is indigenous and reflects the customs and culture of the people. But it is not uniform and harmonious. It is fluid and diversified. Besides, it is not necessary in full conformity with the fast pace of Western civilization being forced on the entire mankind by globalization. It is inundated with multiplicity of customs complicated by superstitions. Hence it is difficult to take judicial notice of it without conditionality. Although the issue of subjecting these customary laws to the validity test if they must be relied on as a source of law in Nigeria, emanates from the biased view of our colonial masters of the Nigerian customs as barbaric, sewage and superstitious, it is still worthy to note that the nature of customary law demands that it be so tested so as do remove some of the superstitious elements and harsh nature. The question has been: why subject our customary laws to a test of validity? Could it be to remove superstitious and harsh elements inherent in them? Or could it be that they lack exactness because of non-codification? Why do courts have difficulty of taking judicial notice of them? This is the crux of this work: the validity of customary law as a source of Nigerian law.
VALIDITY OF CUSTOMARY LAW IN NIGERIA
CHAPTER ONE
INTRODUCTION
1.1 Background of the Study
Before the introduction of English Laws in Nigeria, there were already made laws which governed the relationship, agreement and interactions between the people. This law emerged from the existing customs binding the people in agreement. These laws regulated the affairs of local life. These laws are called customary laws.
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.
In the communal legal system, which obtained before the advent of modern legal system, customary law was the law and it enjoyed respect. The communal courts cited on the basis of customary law and their sanctions which were backed by coercion all derived from custom. However, today customs, do not enjoy the privilege of automatic enforcement in the modern courts systems as was the case in the days when communal and village courts held sway, applying customary law backed with the necessary coercive machinery of the community. Today, for customs to be applied as a customary law in our modern and integrated court system, the custom must satisfy or pass the validity tests, which is a prerequisite for its application.
1.2 Statement of the Problem
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