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APPLICATION OF CUSTOMARY INTERNATIONAL LAW IN NIGERIAN COURTS By Elizabeth A. OJI, Ph.D. Introduction International law lays down principles, rules and standards that govern nations and other participants.

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Below are the features of customary law in Nigeria: Unwritten nature. Flexibility. Acceptability. No uniform body.

Customary Courts have jurisdiction to hear and determine criminal causes and matters where the penalty is a fine not exceeding one thousand naira or imprisonment for a term not exceeding three months or both such fine and imprisonment, or where, in the case of juvenile offenders, the penalty does not exceed twelve ...

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.

Customary law is often referred to as local law or native law. It is the oldest source of law which exists, existing before Nigeria was formed and even before the British arrived. For centuries, customary laws were applicable across the various territories that made up Nigeria.

In Nigeria, customary law may be divided in terms of nature into two classes, namely, ethnic or non-Moslem customary law and Moslem law. Ethnic customary law in Nigeria is indigenous. Each system of such customary law applies to members of a particular ethnic group.

The Evidence Act regulates the use of evidence in all proceedings in courts in Nigeria. Note that the evidence Act cannot apply to proceedings under arbitration or court martial or any Customary Court of Appeal, Sharia Court of Appeal, Area Court, or Customary Court in any part of Nigeria.

An international lawyer must prove two basic elements for a particular norm to qualify as customary law: State practice must be generally consistent. Practice must occur out of a sense of legal obligation.

There are two ways in which foreign judgments can be recognized and enforced in Nigeria, which are: Under the Act; and. By enforcement at Common Law.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232