What is an example of customary law?
Hunting and fishing rights; Aboriginal traditional marriages; Aboriginal child care practices; Traditional distribution on death; and.
What are the 7 sources of law in Nigeria?
The Nigerian Constitution. Legislation (Ordinances, Acts, laws, decrees, edicts and bye-laws). Judicial precedents. Customary law.
What are the characteristics of Nigerian legal system?
The Nigerian legal system has what is known as hierarchy of courts. This hierarchy places the Supreme Court at the top of the ladder, followed by the court of appeal, federal high Court, industrial Court, state high Court, Magistrate Courts, sharia courts, customary courts.
What are the features of customary law?
One of the striking characteristics of customary law is that, it is totally unwritten. What this means is that, customary laws are not contained in a single document. For instance, the customary law of a particular village can be that only male children are allowed to inherit the estate of their fathers.
What is Nigeria customary law?
In Nigeria, customary law may be divided into two classes: (i) ethnic or non-Moslem customary law and (ii) Moslem law. Moslem law is religious law based on the Moslem faith and applicable to members of the faith or those under the influence of Islamic Civilization.
What is the meaning of customary law?
By one definition, customary law is “law consisting of customs that are accepted as legal requirements or. obligatory rules of conduct; practices and beliefs that are so vital and intrinsic a part of a. social and economic system that they are treated as if they were laws”.10.
How is customary law proved in Nigeria court?
PROOF OF CUSTOMARY LAW IN NIGERIA The proof of customary law in court is governed by the copious provision of Section 16 of the Evidence Act 2011. The summary of the Act therefore is a customary law can either be proved by direct evidence to establish its existence or by established judicial notice.
What is the purpose of customary law?
Customary international law consists of rules that come from “a general practice accepted as law” and exist independent of treaty law. Customary IHL is of crucial importance in today’s armed conflicts because it fills gaps left by treaty law and so strengthens the protection offered to victims.
Which law is customary law?
Customary law is a system of law that appears to have settled and generally accepted definitions. It is generally accepted that customary law is a law that reflects the practices, culture and consciousness (what historical law legal theorists call Volksgeist) 1 of the people subject to its sway.
How do you prove custom in customary law?
A custom is regarded as a question of fact-Section 18(1). Therefore it must be established/proved either by judicial notice or evidence. A custom may be noticed judicially where it has already been decided by a court-Section 11.