Nature of Customary Law in Nigeria
Customary law is one of the sources of Nigerian law. It is based on the customs, traditions and practices of the people. The members of the community regard customary law as a way pf In Nigeria, there are two forms of customary law:
1) Ethnic or Non-Muslim customary law - The nature of ethnic or Non-Muslim customary law makes it the indigenous to the people. It is made up of the customs, values, practices and beliefs of a group. In Nigeria, there are three dominant ethnic groups; Hausa, Igbo and Yoruba. Among the three groups there are multiple groups which means that they all have their own different customs, practices and values about marriage, burial, food etc. According to Obilade (1979), the "...diversity of customary law systems is a major obstacle to uniformity of customary systems..". In South Western Nigeria for example, the Yorubas originate from different towns. The fact that they are Yoruba does not mean that their customs and values are the same. The Egba people have similar but different traditions from the Ondo people. The diverse nature of ethnic customary law makes it very complex and more complicated because it is unwritten; customs and traditions are passed on from one generation to another orally.
2) Muslim customary law - The origin of Muslim customary law lies in religion that was introduced to Nigeria through Islam. The main source of Muslim customary law is the Holy Koran. Unlike ethnic customary law, Muslim customary law is written. It is practiced mostly in the Northern part of Nigeria which is predominantly Muslim.
Ethnic Map of Nigeria
The ethnic map illustrates the ethnic distribution in Nigeria .
Application of Customary Law in Nigerian Courts
Despite all the shortcomings, customary law remains the only form of accessible form of dispute resolution for the 'common man' in Nigeria. Customary law is invoked at all levels of court and have been applied in notable cases at the Privy Council and lately at the Supreme Court of Nigeria. Click here for a list of cases. In post-colonial and post-independent Nigeria, a lot of structural reforms have been carried out to reorganize the customary court system. The customary courts are the lowest in the judicial hierarchy of the Nigerian court system.
