EVIDENCE LAW — Traditional History — Nature and Admissibility — Weight a Matter for Trial Judge
Ratio Decidendi
Per Adekeye, JSC, in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at p. 15; Paras B—D:
"Evidence of traditional history is nothing short of evidence of a historical fact transmitted from generation to generation in respect of a family and may in appropriate cases be given by any witnesses who by virtue of their peculiar and special relationship and circumstances before them and their ancestors and are in a position and knowledgeable enough to testify on the traditional evidence in question. Although evidence of traditional history is admissible, the weight to be attached to it is a matter which is left to the experience and wisdom of a Judge."
Explanation / Scope
This principle establishes that traditional history is evidence of historical facts transmitted from generation to generation, admissible where given by knowledgeable witnesses, with weight left to the judge’s experience and wisdom. The principle applies in traditional evidence cases. It ensures that traditional history is admissible. The principle reflects the nature of traditional evidence. It leaves weight to the judge. The court must assess the evidence. The principle provides guidance on traditional history.