LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Interpretation of Constitutional Provisions — Section 224(1) of the 1979 Constitution — Meaning of “Question of Customary Law”
PRINCIPLE STATEMENT
A decision is held to be in respect of a question of customary law when the controversy involves a determination of what the relevant customary law is, and the application of that customary law to the question in controversy.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Tiza & Anor v. Begha (2005) NLC-1152000(SC) at p. 12; Para A.
"A decision is held to be in respect of a question of customary law when the controversy involves a determination of what the relevant customary law is, and the application of the customary law so ascertained to the question in controversy."
EXPLANATION / SCOPE
“Question of customary law” involves both determining the relevant custom and applying it to the dispute. The principle applies to constitutional interpretation.
