Don seeks review of customary laws

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi

A university teacher, Prof Mary-Ann Ajayi, has called for a review of the customary law practices in Nigeria. Ajayi, a law lecturer at the College of Law, Bowen University, Iwo, Osun State, stated this while delivering the institution’s 22nd inaugural lecture, based on her academic research findings titled: “The paradox of customary law and human rights in Africa: Exploring the tensions, complementarities, and opportunities for reform.”

At the lecture, which had in attendance the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN); members of the Nigerian Bar Association (NBA); royal fathers and the university community, Ajayi shed light on the complex and often conflicting relationship between African customary law and internationally recognised human rights norms.

She emphasised that customs are not merely traditions, but vital expressions of cultural identity, adding that those customs often sit uneasily with universal principles of human rights, such as dignity, equality, and non-discrimination.

According to her, customary law is woven into the very fabric of African communities, reflecting the values, norms, and social structures. She stressed that the integration of customary law and human rights could lead to improved outcomes, especially for vulnerable groups like women, children, and ethnic minorities.

She noted that customary law has resisted cultural erosion, surviving both colonial suppression and modern reform pressures, which should not be hastily discarded, but harmonised and reformed where necessary.

Ajayi added that long-standing injustices that have historically disadvantaged vulnerable groups could be addressed when these processes are purposefully changed and brought into compliance with human rights norms.

Among the key issues spotlighted in her lecture was the customary law of succession, which in many communities, still adheres to the male primogeniture rule that favours the eldest male child in inheritance matters against women and younger children from inheriting family property, while women and daughters often face marginalisation, not just in law but in the socio-cultural fabric that supports it.

She said: “There are several advantages to combining human rights frameworks with customary law. By utilising easily accessible, culturally appropriate, and effective community-based dispute resolution techniques, it expands access to justice.

“Similarly, it addresses the disparities inherent in certain customary practices by mobilising them to protect vulnerable groups, improving human rights outcomes.”

Ajayi noted that such integration would make the justice system more equal and long-lasting by promoting a legal diversity that would respect regional customs while adhering to international human rights norms. She further highlighted how rural women, despite being central to agricultural production, rarely possess legal title to the land they cultivate.

The university teacher noted that though court decisions have affirmed women’s inheritance rights, enforcement remains weak, particularly in traditional communities where patriarchal norms dominate.

Fagbemi in his remarks described the lecture as apt and commended the lecturer for her in-depth knowledge. He expressed joy that the lecture recognised the judiciary’s role in protecting the rights of vulnerable persons.

The Vice-Chancellor, Prof Jonathan Babalola, said the institution has produced many professors whose research efforts have contributed to the nation-building process in different spheres of the economy.

Babalola declared that the university will not relent in its efforts to organise public dialogues to connect academia with national development needs.

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