DOI: 10.5176/2382-5642_FSCR13.18
Authors: ADEKANLE Adebolarin
Abstract:
Nigerian societies and indeed, African societies had their laws for the effective governance of their respective societies before the advent of the colonial government. In the same vein, they had their judicial system for the administration of their societies which is the customary judicial system. The imposition of colonial government came with a new process of government, law and judicial system different in form and procedure from the African law and judicial system. However, the African laws and its judicial system were allowed to be administered along side with the English laws in as much as they are not repugnant to natural justice, good conscience and equity. The focus of this paper is the enforcement of judgment of customary arbitration through ostracism, that is, an act of excluding someone who has breached the customary law of his people from associating with members of the community or participating in the community’s activity until he obeys the customary law of his people and the impact of fundamental rights on it. This work therefore examines customary arbitration, its form, scope and how its judgment is executed by means of ostracism. It also looks at the area of conflict if any, between ostracism and fundamental rights. It suggests ways to make customary arbitration work.
Keywords:
Customary Law, Customary Arbitration, Ostracism and Fundamental Rights
Updating...