CUSTOMARY COURTS — Interpretation of Proceedings — Greater Latitude Required
Ratio Decidendi
Per Muntaka-Coomassie, JSC (adopting Achike, JSC in Odofin v. Oni), in Ogundele & Anor v. Agiri (2009) NLC-123-134-2004(SC) at pp. 11–12; Paras E–C:
"In order to appreciate the real effect of the lower courts strong criticism of the statement of the customary court … it is important to stress that greater latitude and broader interpretation must be accorded to decision of customary courts as it is trite that the proceedings in the customary courts are not subject to the application of the Evidence Act. … An Appellate Court should in all circumstances strive to get the bottom of the decision of a customary court."
Explanation / Scope
This principle establishes that greater latitude and broader interpretation must be given to decisions of customary courts. The proceedings in customary courts are not subject to the strict application of the Evidence Act. Appellate courts should strive to understand the substance of customary court decisions. The principle applies where customary court decisions are reviewed. It ensures that customary courts are not judged by the same strict standards as superior courts. The principle reflects the informal nature of customary proceedings. It prevents appellate courts from overturning customary decisions on technical grounds. The court must look beyond technicalities to the substance. The principle provides guidance on reviewing customary court decisions.