TITLE OF THE ARTICLE: Statutory Redundancy of the Provisions of Evidence Act 2011 on Proof of Customs in Nigeria
AUTHOR:
RICHARD EMEKA OGBODO, LL.B (Nig.), LL.M(Nig.), BL., Principal Counsel, Suprema Lex Chambers, 18 Edinburgh Rd., Enugu.
ABSTRACT:
This article sets out to unravel the redundant provisions of the Evidence Act 2011 vis-à-vis the proof of customs with particular attention to the provision dealing with the court to which Evidence Act 2011 applies. This study is motivated by the fact that proof of customs and customary laws has always been a difficult one. The methodology adopted in this work is a combination of doctrinal methodology and analytical methodology. The work examines the devastating impact of the provisions of the Evidence Act 2011 that exclude the customary court from the courts to which the Act is applicable. It is shown that the inapplicability of the Evidence Act 2011 to customary courts has rendered the sections dealing with the proof of customs redundant. The work thus demonstrates vividly the urgent need to redraft section 256(1) of the Evidence Act in order to make the Evidence Act 2011 applicable to customary courts.