LEGAL PRINCIPLE: CUSTOMARY LAW — Proof of Custom — Custom Is a Question of Fact to Be Proved by Evidence
PRINCIPLE STATEMENT
A custom is a rule which in a particular district or area had, from long usage, obtained the force of law. A custom is a question of fact to be proved by evidence.
RATIO DECIDENDI (SOURCE)
Per Adio, JSC, in Oba Moshood Osuolale Adeyeri II & Ors v. Aderibigbe Atanda & Ors (1995) NLC-2181989(SC) at p. 25; Paras. E–F.
"custom is a rule which in a particular district or area had, from long usage, obtained the force of law. A custom is a question of fact to be proved by evidence."
EXPLANATION / SCOPE
Customary law is a question of fact requiring proof, unless judicially noticed. The party alleging a custom must adduce evidence. The principle applies to all customary law issues. The court will not assume the existence of a custom. The rule ensures that only proven customs are enforced. The evidence may include testimony of elders or previous decisions. The custom must be certain and not repugnant to natural justice.