How is customary law proved in Nigeria court?

PROOF OF CUSTOMARY LAW IN NIGERIA The proof of customary law in court is governed by the copious provision of Section 16 of the Evidence Act 2011. The summary of the Act therefore is a customary law can either be proved by direct evidence to establish its existence or by established judicial notice.

What are the examples of customary laws?

Under customary law, parties do not have equal rights in matters of marriage, dissolution and right of property because marriage is a union between two families (22). Under customary tenure, women rarely inherit and mostly obtain use rights through their husbands.

Which court applies customary law?

Section 11 provided the first account of a universal recognition of customary law (Rautenbach, 2008). This meant that customary law was granted full recognition in both chiefly and Commissioner courts. However, customary law would be applied at the discretion of the commissioner.

What are the types of customary law in Nigeria?

In Nigeria, customary law may be divided into two classes: (i) ethnic or non-Moslem customary law and (ii) Moslem law. Moslem law is religious law based on the Moslem faith and applicable to members of the faith or those under the influence of Islamic Civilization.

Can a court take judicial notice of a custom?

Section 18(3) EA, after proving a custom, it may be rejected if it is contrary to public policy, contrary to an existing written law or contrary to natural justice, equity and good conscience. For a custom to be judicially noticed, it should have become notorious for appearing before the courts.

When can a court take judicial notice of customary law?

(1) Any court may take judicial notice of the law of a foreign state and of indigenous law in so far as such law can be ascertained readily and with sufficient certainty: Provided that indigenous law shall not be opposed to the principles of public policy and natural justice: Provided further that it shall not be …

What is the purpose of customary law?

Customary international law consists of rules that come from “a general practice accepted as law” and exist independent of treaty law. Customary IHL is of crucial importance in today’s armed conflicts because it fills gaps left by treaty law and so strengthens the protection offered to victims.

What are the characteristics of customary law in Nigeria?

SALIENT CHARACTERISTICS OF CUSTOMARY LAWS Customary law has several features which include inter alia: 1 It is largely unwritten 2 It is accepted as binding in the society. 3 It differs from tribe to tribe i.e. it is not uniform 4 It must be in existence at the material time.

Which court deals with customary issues in terms of customary law?

(ii) the traditional court may apply the system of customary law with which the parties or the issues in the dispute have their closest connection.

Does customary law have binding authority?

Keeton: – According to him, “customary law may be defined as those rules of human action established by usage and regarded as legally binding by those to whom the rules are applicable, which are adopted by the courts and applied as source of law, because they are generally followed by the political society as a whole.

What is the validity of customary law?

Validity of customary law Section 18(3) of the evidence act 2011 provides that in any judicial proceeding where any custom is relied upon, it shall not be enforced if it is contrary to public policy or is not in accordance with natural justice, equity and good conscience.