LEGAL PRINCIPLE: CUSTOMARY LAW — Proof of Custom — Issue of Customary Law Raised by Ground of Appeal
PRINCIPLE STATEMENT
A ground of appeal challenging a Customary Court of Appeal's holding on a specific native law and custom, such as whether under Berom Native Law and Custom one can bury his dead on another's land, raises a valid question of customary law and is competent for appeal to the Court of Appeal under Section 224(1) of the 1979 Constitution.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC Pam v. Gwom (2000) NLC-171998(SC) at p. 10; Paras. D–E.
"A ground of appeal challenging a Customary Court of Appeal's holding on a specific native law and custom, such as whether under Berom Native Law and Custom one can bury his dead on another's land, raises a valid question of customary law and is competent for appeal to the Court of Appeal under Section 224(1) of the 1979 Constitution."
EXPLANATION / SCOPE
This illustrates what constitutes a valid customary law question for appeal. A ground directly challenging the Customary Court of Appeal’s determination of a specific native law and custom—for instance, burial rights under Berom custom—raises a legitimate customary law issue. Such grounds are competent under constitutional provisions limiting appeals to customary law questions. Conversely, grounds attacking procedural irregularities, findings of fact not tied to custom, or other non-customary matters would be incompetent. The focus is whether the holding pertains to the existence, applicability, or incident of a specific custom.