Native Law and Customs in a Democratic Setting: (The Nigeria Experience)

Abstract

The Nigerian Corpus Juris Civilis ‘body of civil law’ vis-à-vis the legal system is consisted of the Received English Law, (which influenced the Constitution of the Federal Republic and other Statutes) and the Native Law (that is the Customary Law and the Islamic Law). However, the domination of the English Common law on the Native law is so enormous that it has put the latter at the verge of extinction. This paper argues that, although, the western oriented legal minds in Nigeria project the English Common Law in the light of civility and modernity, yet, the Native Law which successful governed the country from time immemorial should not be extinguished. The fact remains that, intrinsically, the Law still remains civil in the minds and relationships of the local people. Activities such as marriages, land tenure, commercial transactions are still largely regulated by the Native Law among the people. However, although, the paper agrees that there is need for the review of the law, nevertheless, it maintains that there is reason for its reintroduction de novo as part of the private law in the country. One of such reasons is its flexibility and simplicity. The law is instinctually understandable to the people. Therefore, it should be harmonized in pari passu with prevalent English law to regulate de die in diem ‘the day-to-day’ activities of Nigerians.