LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Proof of Customary Law
PRINCIPLE STATEMENT
A party who alleges the existence of customary law must prove that customary law because the law of evidence regards it as a fact, unless it can be noticed judicially.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Onyenge & Ors v. Ebere & Ors (2004) NLC-1172000(SC) at p. 11; Paras E–A.
"A party who alleges the existence of customary law must prove that customary law because the law of evidence regards it as a fact, unless it can be noticed judicially."
EXPLANATION / SCOPE
Customary law must be proved as a fact. The principle applies to evidence law. The party alleging the custom bears the burden. The rule provides an exception for judicial notice of well-known customs. The court will require proof unless judicially noticed. The principle is fundamental.