Principle Statement

It is settled law that customary law is a question of fact which must be proved or established by evidence.

Ratio Decidendi (Source)

Per Onnoghen, JSC, in Ojiogu v. Ojiogu (2010) NLC-123-235-2004(SC) at p. 20; Paras A–B.

"It is settled law that customary law is a question of fact which must be proved or established by evidence."
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Explanation / Scope

This principle establishes that customary law is a question of fact that must be proved by evidence. The principle applies where customary law is relied upon. It ensures that customary law is not assumed. The principle reflects that custom must be established. It prevents courts from taking judicial notice of custom without proof. The court must require evidence of custom. The principle provides guidance on proving customary law.

Cases Applying This Principle

Chukwuemeka Ojiogu v. Leonard Ojiogu & Joseph Ojiogu