THE INTERSECTION OF TRADITION AND LAW: ADAPTING NATIVE KNOWLEDGE AND PRACTICES IN MODERN LEGAL FRAMEWORKS

Abstract

This paper examines the complex interplay between Nigeria’s formal legal system and indigenous knowledge, with a focus on the challenges and opportunities involved in admitting evidence from traditional practitioners in courts. It explores historical and contemporary judicial approaches to spiritual and customary evidence, highlighting the friction between colonial legal frameworks and indigenous cultural perspectives. By analysing Nigerian case laws, statutory frameworks, and international jurisdictions (United Kingdom, United States, and Canada), this study exposes the complexities of evidentiary requirements, cultural biases, and constitutional constraints that influence the admissibility of traditional testimony in courts. Despite significant practical challenges, such as lack of standardized procedures, difficulties in verifying spiritual claims, and conflicts with human rights norms, the paper identifies promising opportunities to bridge formal and informal justice systems. Recognizing traditional practitioners as expert witnesses, enhancing judicial and community understanding, and fostering legal pluralism can improve access to justice for customary communities and enrich the Nigerian legal system. To address these issues, the paper recommends developing clear guidelines for admitting traditional testimony, providing judicial education on customary knowledge, codifying certain customary practices without diluting their cultural significance, appointing cultural experts in court, balancing cultural recognition with constitutional protections, and engaging communities through legal literacy initiatives. Ultimately, the integration of indigenous knowledge into Nigeria’s legal system is not only about evidence but also about justice. A more inclusive legal framework that respects cultural diversity and legal pluralism is essential for a legal system that truly serves the people it governs.