A custom is a practice or a way of life of a society or a group of people, which practice or way of life has become universally acceptable and recognized in relation to that society or group.
Customary law is part of our laws and recognized by the courts. Customary law is simply the law that regulates individual societies and groups. Customary law is simply a custom or a practice that is recognized as law.
Although a custom may become law with the passage of time and usage, not all customs are recognized by the courts as law. The courts will accept every custom as law, except those that are repugnant to natural justice, equity and good conscience. This means that a custom that is unreasonable is unacceptable by the courts as law and therefore rendered outmoded.
Widowhood Rites, where a widow suspected of killing her husband is made to sleep with her husband’s corpse, and made to drink the water used to bath the corpse is repugnant to good conscience and therefore outmoded.
Female Genital Mutilation, where the whole or a part of the female clitoris is cut off, with the aim of reducing sexual immorality is repugnant to good conscience and therefore rendered outmoded.
Forced Marriages, where young girls are betrothed to men, way before they become ready for marriage, is repugnant to good conscience.
The practice in the Northern Region where the brother of a deceased man is entitled to marry the Deceased’s surviving wife is outmoded as same is repugnant to good conscience. The widow is at will to marry any man she so desires.
All other cultural practices that do not make sense to the reasonable man on the street are outmoded by law.
The above notwithstanding, the following cultural practices still remain good in the eyes of the law: Puberty Rites, where young girls are ushered into adulthood; Cultural festivals like homowo, etc.; Funeral rites; Libation, and so many others.
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