This course at providing an in-depth exploration of customary laws as a legal system and its principles and practices. The course provides a foundation for understanding the legal and social framework of customary law. It equips students with the necessary skills to analyse and interpret the principles of customary law and apply them in practical scenario. In Nigeria, various customary laws exist for different ethnic groups because of the heterogeneous nature of the country multiplicity of cultures, religious, languages and norms.
Customary law refers to the unwritten rules and traditions that govern the social and cultural practices of a specific or particular community. Customary law is based on the customs and traditions of a particular community which is passed down from generation to generation. It relates to the custom, norms and practices of everyday life. It therefore regulates almost all informal transactions in Nigeria such as marriages and inheritance as well as other traditional issues. It is a symbol of the behavouralistic pattern of the people who are guided by the laws. Customary laws play a vital role in maintaining the social, cultural, and environmental well-being of a community, hence the necessity and the need to study it as a course in our pursuit of legal professionalism.
Objective of the Course:
The main objectives of studying the course are:
1. to describe the concept of customary law and its principles.
2. to examine the nature of customary law and its relationship with other legal systems.
3. to explore the sources of customary law and how it is applied in practice.
4. to appraise and evaluate the role of customary law in modern legal systems and the challenges facing its practice.
5. to comprehend the application of customary law in Nigeria.
Learning Outcomes:
After a successful study of the of Customary Law, the students are expected to learn the following at the end of the course:
1. students should be able to discuss the concept of customary law and its principles.
2. students should explain clearly the nature of customary law and its relationship with other legal systems.
3. students are expected to identify 3 sources of customary law and how it is applied in practice.
4. the students should be able to appreciate the 5 roles of customary law in modern legal systems and the challenges facing its practice.
5. students should explain the application of customary law in Nigeria.
Course Contents:
To be able to achieve the objectives of this course, students should navigate through the following course contents:
· Definition and scope of customary law
· Characteristics of customary law
· Differences between customary law and other legal systems such as common law, Islamic law, civil law, canon law, etc.
· Historical development of customary law
· principles of customary law-the doctrine of precedence, the principle of consensus and participation, the principle of flexibility and adaptability, the principle of equity and fairness.
· Sources of customary law (orality and written records; case law and judicial decisions; customary practices and traditions)
· Application of customary law
· Constitutional provision on customary law
· Role of customary law in resolving disputes
· Enforceability and enforcement of customary law
· Jurisdiction of courts in customary law cases in Nigeria
· Proof of customary law in Nigerian courts
· Application of repugnancy test
· Judicial notice of customary law
· Limitation to the application of customary law
· Conflicts of law in customary law application (conflict with statutes, conflict with Islamic law and co-customary law)
· contemporary issues in customary law
· relationship between customary law and human rights
· gender equality and customary law
· integration of customary law into modern legal systems
· obstacles to the practice of customary law
· customary law and inheritance
· principles of customary marriages
· customary law principles and practices in business transactions
· codification, compilation and reinstatement of customary law
· notable cases on customary law in Nigeria
· customary arbitration under the Nigerian law
· prospects for practicing as a customary law lawyer in Nigeria.
- Teacher: Haruna Hassan