CUSTOMARY LAW: THE FORGOTTEN SOURCE OF LAW IN NIGERIAN JURISPRUDENCE?

Abstract

From prehistoric times up till the present, laws have been in place to regulate the affairs of people in a community and resolve their differences as well as to establish law and order. There are four major sources of law in Nigeria: Statutes, Judicial decisions, Received English Law and Customary Law. It however appears that amongst the above, customary law has the least recognition and application. Why exactly this is so is the question that actuated this research. This article was carried out using the doctrinal methodology involving the analysis of relevant texts, case law, statutes and other legal literature. It found that customary law at the present time lacks strong recognition and application and this is quite unfortunate because it is actually the most organic and least complex of the four afore-mentioned sources. It is also the only source of law which the indigenous peoples can truly call their own. Consequently, this paper suggests, inter alia, that customary law can be systematically given a pride of place by being codified or where it has been already codified, frequently revising or amending same to reflect the extant aspirations of the people bound by it. It is hoped and expected that the resuscitation of same will enrich the Nigerian jurisprudence and help in entrenching a stronger, more dynamic and more virile legal system with all the accompanying benefits.