GLORIOUS FIRST TREASURES ACADEMYImagine playing a game of football without any rules. Players could touch the ball with their hands, run off the pitch, or push each other without any penalties. The game would quickly turn into total confusion!
Just like sports, human societies need rules to make sure everyone lives together in peace, safety, and order. In a country, these official rules are called laws.
A legal system is the collection of laws, rules, institutions (like courts and police), and processes that a country uses to protect its citizens, settle disagreements, and punish people who do wrong.
In this lesson, we will explore the history of how Nigeria got its laws, where these laws come from, and focus deeply on our indigenous heritage: Customary Law.
Nigeria is a country with a very rich history. Before the British came to colonize Nigeria, our various kingdoms (like the Benin Empire, the Oyo Empire, the Sokoto Caliphate, and the Igbo communities) had their own ways of maintaining peace. When the British arrived, they introduced their own laws.
Today, Nigeria uses a mixed legal system. This means our laws are a combination of our old traditional customs and modern laws borrowed from Britain or created by our own government.
┌─────────────────────────┐
│ NIGERIAN LEGAL SYSTEM │
└────────────┬────────────┘
│
┌─────────────────────────────┼─────────────────────────────┐
▼ ▼ ▼
┌─────────────────┐ ┌─────────────────┐ ┌─────────────────┐
│ English Law │ │ Customary Law │ │ Legislation │
│ (Common Law & │ │ (Ethnic Rules & │ │(Laws written by │
│ Doctrines) │ │ Sharia Law) │ │ our Parliament) │
└─────────────────┘ └─────────────────┘ └─────────────────┘
A "source of law" is simply where a law comes from. In Nigeria, our laws come from five major places:
The Constitution is the Supreme Law of the land. It is like the ultimate rulebook for the country. Every other law must agree with it. If any other law disagrees with the Constitution, that other law is declared powerless. It defines the rights of citizens, such as the right to education, life, and free speech.
These are laws made by our elected lawmakers. In Nigeria, the National Assembly (which consists of the Senate and the House of Representatives) makes laws for the whole country, while each state's House of Assembly makes laws for that specific state.
Because Nigeria was once ruled by Great Britain, we inherited some of their legal traditions. These include:
This refers to decisions made by senior judges in higher courts (like the Supreme Court of Nigeria). When a judge decides a case, lower courts must follow that same decision if a similar case comes up in the future.
This is the oldest source of law in Nigeria. It consists of the local customs, traditions, and values of the different ethnic groups in Nigeria. It is what we will focus on today!
Customary Law is the body of rules that governs the daily lives of people within a specific traditional community. Unlike the Constitution, which is written in a big book, traditional customary law was originally unwritten. It was passed down from parents to children through stories, songs, and watching how elders solved problems.
In Nigeria, Customary Law is split into two major categories:
┌────────────────────────┐
│ TYPES OF CUSTOMARY LAW │
└───────────┬────────────┘
│
┌───────────────────┴───────────────────┐
▼ ▼
┌─────────────────────────┐ ┌─────────────────────────┐
│ Ethnic Customary Law │ │ Islamic Customary Law │
│ (Non-Islamic traditions)│ │ (Sharia Law) │
└─────────────────────────┘ └─────────────────────────┘
This applies to members of specific ethnic groups. For example, Yoruba customary law applies to Yoruba people, and Igbo customary law applies to Igbo people. It covers things like traditional marriages, chieftaincy titles, and how family lands are shared among children.
This is a system of law based on the teachings of the Holy Quran and the sayings of Prophet Muhammad (PBUH). It is used mostly in the northern parts of Nigeria. It governs things like Islamic marriage, divorce, and inheritance.
Who makes sure people obey customary laws?
Not all ancient customs are allowed today. In the past, some customs were harmful—for example, the killing of twin babies in some ancient communities. To protect citizens, the modern Nigerian legal system states that any customary law will not be allowed if it is:
To help you understand how customary law works in daily Nigerian life, let us look at three common scenarios:
In a village in Anambra State, Uncle Chidi and Uncle Emeka are arguing over who owns a mango tree that grows right on the boundary between their family farmlands. Instead of going to a modern court in the city, they go to the palace of the Igwe (the King). The Igwe calls the village elders. They use their knowledge of the village's customary land boundaries (often marked by specific trees called Ogirisi planted decades ago) to resolve the dispute peacefully. Both uncles accept the Igwe's decision because they respect the custom.
When a man and a woman want to get married in Nigeria, they almost always start with a Traditional Wedding.
In many Nigerian communities, it is a customary law that younger people must greet elders politely (e.g., kneeling down or bowing). In other communities, young men belong to "Age Grades" (groups of people born around the same time) who are responsible for cleaning the village square, clearing pathways, or securing the community at night. Failing to participate can lead to a customary fine, such as providing a goat or a carton of drinks to the village square.
When you have a fight with your brother, sister, or classmate, you can act like a traditional chief or elder to resolve the dispute peacefully without shouting or fighting. Here is how:
Step 1: The Gathering (The Palace)
Find a quiet space. Sit in a circle. This shows that everyone is equal and respected.
│
▼
Step 2: Listening to Both Sides (Fairness)
Let one person speak at a time without interruption. As the mediator, you must not take sides!
│
▼
Step 3: Finding the Root Cause
Ask: "What made you angry?" and "What do we need to do to make this right?"
│
▼
Step 4: The Agreement (The Judgment)
Find a compromise. For example: "Since you both want to play with the tablet, Person A plays for 15 minutes, then Person B plays for 15 minutes."
│
▼
Step 5: Handshake of Peace (Reconciliation)
In customary law, the goal is always to restore friendship, not just to punish. Shake hands or hug!
To discover and document the beautiful customs and traditional rules of your family’s hometown or ethnic group.
Test your understanding by solving these real-life legal puzzles! Write down your answers on a sheet of paper.
Read the story below and answer the questions:
In a beautiful town called Akure, there was an ancient custom that said: "No person is allowed to harvest palm fruits from the communal forest on a Thursday. Thursday is the day of rest for the forest."
One Thursday, a young man named Temi was caught harvesting palm fruits. He argued, "I am hungry today! I cannot wait until Friday! Besides, this rule is not written in the Nigerian Constitution, so I don't have to obey it!"
Look at the list of rules below. Classify each rule under A: Written/Modern Law or B: Customary Law.
[ ][ ][ ][ ][ ]Take a moment to sit quietly and think about these three questions: