LEGAL PRINCIPLE: CUSTOMARY LAW — Proof of Customary Law — Duty of Trial Court to Make Specific Findings
PRINCIPLE STATEMENT
Customary law is the organic or living law of the indigenous people. It is a question of fact to be proved by evidence or judicial notice if established as required by Sections 14(2) and 73 of the Evidence Act.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ogolo & Ors v. Ogolo & Ors (2003) NLC-1931997(SC) at p. 8; Paras A–C.
"Customary law is the organic or living law of the indigenous people of Nigeria regulating their lives and transactions. It is a mirror of the culture of the people. Under our law, customary law is a question of fact to be proved by evidence or judicial notice if it has been established as required by Sections 14(2) and 73 of the Evidence Act."
EXPLANATION / SCOPE
Customary law must be proved as fact unless judicially noticed. The trial court must make specific findings. The principle applies to all customary law claims. The court cannot assume the existence of a custom. The rule ensures that customs are properly established. The principle is fundamental.