LEGAL PRINCIPLE: CUSTOMARY LAW — Proof of Custom — Determination of Applicable Customary Law in Oath-Taking
PRINCIPLE STATEMENT
Since the juju was brought into Ukwa, within the jurisdiction of the court, it is Ukwa custom that should prevail. In Ukwa custom, oaths are administered and allowed a period of not less than one year to watch the outcome.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Onyenge & Ors v. Ebere & Ors (2004) NLC-1172000(SC) at p. 13; Paras C–D.
"Since the juju was brought into Ukwa, within the jurisdiction of this Honourable Court, it is Ukwa custom that should prevail. In Ukwa custom and in Asa in particular oaths are administered and are allowed a period of not less than one year to watch the outcome of the juju on the party who took the oath."
EXPLANATION / SCOPE
The custom of the place where the oath was administered applies. The principle applies to customary law. The court will apply local custom. The rule recognises the geographical scope of custom. Oaths typically require a waiting period. The principle is well-established.
