AN EXAMINATION OF THE ROLES OF ANTHROPOLOGISTS AND HISTORIANS IN ASCERTAINING NIGERIAN CUSTOMARY LAW

Customary law has continued to be relevant to the lives of the natives, particularly in matters of marriage, land holding, chieftaincy, inheritance and succession. Due to the plural and unwritten nature of African customary law, precision and clarity are lacking in the law. There is the need to ascertain the applicable rules of customary law with a view to knowing the exact contents of the law and assist in judicial administration. The aim of this effort is to examine the roles of anthropologists and historians in identifying the customary laws which the natives observe in their daily affairs as their applicable Nigerian customary laws. The objective of the study is to elucidate the importance of having anthropological and historical involvement in ascertaining the applicable native laws and customs of the Nigerian people and to identify the rules of customary law that will deserve to be ascertained. The study adopted doctrinal methodology and placed reliance on primary sources of official documents, statutes and decided cases. Similarly, the study placed reliance on secondary sources like textbooks and internet materials. The finding of the study was that social anthropologists and historians should be involved more in the ascertainment exercise of the Nigerian customary laws. The study concluded that an effective identification of the applicable customary laws will be achieved if anthropologists, historians and other specialists relevant in the ascertainment exercise are appropriately involved. The study recommended that extant customary law rules which have the assent of the natives will deserve to identified and ascertained for the future generations of Nigerians.