EVIDENCE LAW — Native Law and Custom — Proof Required — Strict Pleading and Evidence
Principle Statement
It is extremely important that custom should be strictly proved. Though such proof is not by the number of witnesses called, it is not enough that one who asserts the custom should be the only witness. Another witness who is versed in the alleged custom should also testify.
Ratio Decidendi (Source)
Per Fabiyi, JSC, in Orlu v. Gogo-Abite (2010) NLC-123-234-2002(SC) at p. 6; Paras B–C.
"It is extremely important that custom should be strictly proved. Though such proof is not by the number of witnesses called, it is not enough that one who asserts the custom should be the only witness. Another witness who is versed in the alleged custom should also testify."
Explanation / Scope
This principle establishes that custom must be strictly proved. The person asserting custom should not be the only witness; another witness versed in the custom should also testify. The principle applies where customary law is relied upon. It ensures that custom is properly established. The principle reflects the need for corroboration of custom. It prevents reliance on a single witness. The court must require independent evidence. The principle provides guidance on proving native law and custom.
