Prof. Michael Ntumy of the Faculty of Law, Enugu State University of Science and Technology (ESUT), has urged Nigeria and other African countries not to give up in their quest to codify the customary laws of their people.
He said this at the weekend during the Distinguished Guest Lecture Series organised by the Faculty of Law, Lagos State University (LASU).
The event drew scholars, students and other participants across the university community, including the Vice Chancellor, Prof Olanrewaju Fagbohu; the Dean of Law, Prof Mike A. Ikhariale and other senior members of the faculty.
Ntumy, who spoke on the topic, Codification of customary law in Africa: Progress and future prospects, compared the progress of codification of customary law in Tanzania, Nigeria and Senegal, and examined the arguments for and against it.
He said: “The experience of the African countries that have successfully codified their customary laws has demonstrated that there are no alternatives to the codification of customary law.
“In the first place, codification can be employed as a legal mechanism to achieve clarification and unification of the customary laws of different ethnic groups.
“It can also be adapted as a legal framework to resolve the conflict between customary laws and the co-existence of customary law with other laws in a modern state.”
Ntumy also argued that codification of customary law promotes national unity and enhances the legal empowerment of vulnerable social groups.
“Indeed, there is overwhelming evidence that the core benefits of customary law have transformed the legal systems of the countries that have codified their customary laws,” he added.
Ntumy argued further that although the challenges faced by the countries that have not codified their customary laws may be daunting, “the prospects are exhilarating.”
He continued: “There is and always will be a place for the codification of customary law, provided that customary law is confined to the sphere of private law (i.e. family law, succession and property) which are held under customary tenure and the values of customary law are satisfactorily incorporated into the framework of national legal systems and developed and adjusted to meet modern conditions.”
“While it may be hard to achieve one hundred per cent codification of customary law in all African countries, that is no reason for not trying.”
Commending the faculty for organising the event, Fagbohun noted that Nigerians not afford to do away with their cultures.
He said: “We need to develop our customs and languages. In other parts of the world they use their languages to teach in schools. If your customs are part of you, you will have deep understanding of where you are going.”
Explaining the reason for the series, Ikhariale said it is “designed to periodically create opportunity for members of the faculty to host scholars from across the world in the field of law who are called upon to share their experiences, expectations and challenges.”
The “distinguished lecturers” he said, are carefully sourced and have included “erudite professors of law, reputable judges and accomplished legal luminaries serving in various specialisations.”
“The overall goal of the Distinguished Lectures Series is to transform the faculty of law, LASU, into a centre of excellence in legal education and a foremost forum for robust intellectual undertakings in line with the philosophy of the Vice Chancellor, Prof Fagbohun, namely, the pursuit of excellence in all we do on this campus.”
