LEGAL PRINCIPLE: CUSTOMARY LAW — Proof of Custom — Definition — Nature of Customary Law
PRINCIPLE STATEMENT
Customary law is the organic or living law of the indigenous people of Nigeria regulating their lives and transactions. It is organic in that it is not static. It is regulatory in that it controls the lives and transactions of the community subject to it. It is said that custom is a mirror of the culture of the people.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC Oyewunmi v. Ogunsesan (1990) 1 NWLR (pt. 137) 182 at 207, cited with approval Pam v. Gwom (2000) NLC-171998(SC) at p. 13; Paras. A–B.
"...'customary law' as 'the organic or living law of the indigenous people of Nigeria regulating their lives and transactions. It is organic in that it is not static. It is regulatory in that it controls the lives and transactions of the community subject to it. It is said that custom is a mirror of the culture of the people....'"
EXPLANATION / SCOPE
This defines customary law as dynamic, living, and reflective of community practices. It is “organic” because it evolves with societal changes, unlike static statutory law. It is “regulatory” because it governs daily life, transactions, and disputes within indigenous communities. Custom mirrors the culture, values, and traditions of the people. Courts must recognize this fluid nature when applying customary law, ensuring it reflects current community practices rather than frozen historical rules, while maintaining its legitimacy as a source of binding legal obligation.