Glossary of Customary Law Terms — Nigeria

Introduction

This glossary defines key terms relating to customary law (native law and custom) as recognized and applied in the Nigerian legal system. Customary law governs personal status, family relations, land tenure, and community governance for many Nigerians.

Glossary

Bride Price (Dowry)

Payment made by the groom or his family to the bride’s family as a condition for a valid customary marriage. The bride price may be refundable upon dissolution of the marriage.

Customary Arbitration

A dispute resolution process conducted by traditional elders or chiefs in accordance with native law and custom. Customary arbitration awards may be enforced by the courts.

Customary Court

A court established under state law to adjudicate matters governed by customary law, particularly marriage, divorce, inheritance, and land disputes.

Customary Marriage

A marriage contracted in accordance with the native law and custom of the parties, typically involving consent, bride price payment, and celebration according to custom.

Customary Tenancy

A form of landholding under which a person occupies land belonging to a family or community in return for tribute or services.

Family Head

The senior member of a family who manages family property and represents the family in dealings with third parties.

Family Property

Property owned jointly by family members under customary law, managed by the family head, and not subject to individual alienation.

Inheritance (Succession)

The customary rules governing the distribution of a deceased person’s property. Customary succession varies between ethnic groups and may be patrilineal or matrilineal.

Native Law and Custom

The body of customs, traditions, and practices of a community that have acquired the force of law through long usage and acceptance.

Native Title

A right to land recognized under customary law, including communal, family, and individual interests in land held under customary tenure.

Oath Taking

A traditional evidentiary process in which a party swears an oath before a deity or traditional authority to establish the truth of a matter.

Repugnancy Doctrine

The principle that a customary rule is unenforceable if it is repugnant to natural justice, equity, and good conscience.

Traditional Ruler

A monarch or chief recognized as the traditional leader of a community, exercising customary authority and often adjudicating disputes.

Widow’s Inheritance (Levirate)

A customary practice requiring a widow to marry a relative of her deceased husband. This practice has been restricted by judicial decisions applying the repugnancy doctrine.

Wills

Customary law recognizes oral wills (nuncupative wills) in certain communities, though the Wills Act and the Marriage Act govern statutory wills.

Yams (Symbolic Presentation)

The presentation of yams or other symbolic items as part of marriage negotiations, representing the groom’s ability to provide for a family.

Native Court of Appeal

An appellate court hearing appeals from customary courts, now largely replaced by the Customary Court of Appeal in states that maintain such courts.

Customary Right of Occupancy

A right to occupy and use land under customary law, recognized by the Land Use Act as distinct from a statutory right of occupancy.