THE SUPREMACY OF CODIFIED CUSTOMARY LAW OVER UNCODIFIED OR UNREGISTERED CUSTOMS AND TRADITIONS
“In any case, the settled law is that a codified or enacted or registered declaration of customary law has statutory force and remains the exclusive determinant of what the relevant customary law is. The existence of such codified or enacted customary law does not require proof by evidence-Per EMMANUEL AKOMAYE AGIM ,JSC (Pp. 9-10, paras. C-B)
The statement underscores the principle that a codified, enacted, or registered declaration of customary law carries the same legal force as statutory law and, as such, is the sole authority on what the relevant customary law is. This codification process solidifies customary practices by translating them into a formally documented law that courts are bound to recognize and enforce without further proof of its existence or content.
It is my opinion that by enacting or registering a custom, communities secure the endurance and enforceability of their laws, aligning with statutory standards and removing subjective interpretations. The principle also ensures uniformity in the application of customary laws, providing a stable reference point that courts can uphold consistently, thereby fostering legal certainty and respect for both cultural and legal frameworks.
Solomon Agbator, LLB, LLM, PhD (in View)
(Offering legal principles and analysis).
