CUSTOMARY LAW IN NIGERIA: INTERROGATING THE ISSUE OF JUDICIAL NOTICE

Abstract

This concept of Igiogbe has since then gained notoriety and prominence. These controversies, increase in litigations and counter-litigations over the subject matter of Igiogbe has brought about a shift in the practice but the Binis still claim Igiogbe practice is and should be rigidly adhered to. An Igiogbe is the house where a Bini man lived, died and usually in most cases is buried. It devolves absolutely without any contradiction on his eldest surviving son as soon as the burial rites are performed and completed by him (in rare instances supported by family members) in accordance with the Bini Customary burial rites. The work critically examined the prove of customary law, validity of customary law in Nigeria, the constitutionality of customary law / customary law as a grundnorm. This work found that Igiogbe practice is still relevant in modern Benin kingdom and that the discriminatory practice against the women folk in relation to this concept is alarming and ridiculous. The work is concluded with some recommendations. Amongst which includes mass enlightenment campaigns being mounted by the Ministry of Women Affairs at both the Federal and State levels to enlighten the people about the hardship and injustice which discriminatory customary laws impose on women and that any customary law that is discriminatory against women should be declared invalid on the grounds that it is unconstitutional and repugnant to natural justice, equity and good conscience.