Page - 40 - in Austrian Law Journal, Volume 1/2017

ALJ 1/2017 Lambert H.B. Asemota 40 contentious issues by breaking them into I. Meaning and advent of customary law; II. Proof (and application) of customary law; III. Effect of customary law in Nigeria; IV. Limitation prescribed by law and V. Principles of self-determination. Under I., the author traces the theories and practices of customary law through to its inclusion in the Nigerian legal system. Under II., he takes a fervent look at the circumstances under which customary law is applied. These include the criteria for determining whether or not a particular custom is applicable in a given case and the category of people to whom it applies. Under III., the author reminisces the reintroduction of customary law (including Sharia) within the context of the topical challenges that arise from attempting to reconcile the reliance by certain ethnic groups on the concepts of freedom of religion and culture under international law (within the auspices of self-determination) and the opposing provisions of the Nigerian constitution and ratified international treaties. Particular attention is also drawn to the political turbulence that marred the first six-year self (independent) rule which brought about military take-over that lasted over thirty years, before democracy was re-established. He touches on the subject of the run-up to the election dates, during which various promises were made by desperate in-coming politi- cians, one of which was that they would re-establish Sharia and customary laws. He emphasizes how, consequent upon the realisation of that dream, the insatiable nature of humankind took its toll on the natives and narrates at length how this played out in their quest for more autono- mous pathways which culminated in the demand for fiscal federalism, self-determination and even pursuit of secessionist ideology. He concludes by elaborating how the natives vigorously pursued these elemental concepts via unholy alliance in the form of insurgency, which has invar- iably transformed into gun-wielding movements, such as Boko Haram (Islamic fundamentalist group), Movement for the Emancipation of Niger Delta (MEND), Niger Delta Avengers, etc. Under IV., the author argues that while anyone who feels marginalised has the right to seek redress, it must be done within the confines of the law. And in the absence of domestic instruments in that regard, he highlights a number of international treaties binding on Nigeria and which guarantee certain rights, as well as the limit to which such instruments can be invoked. The author draws his arguments to a close under V. by tracing the principle of self-determination under international law: the variations of this principle; the category of people to whom they apply; under what cir- cumstances they could be invoked; and the limits of their application. Part C. sees the author draw on the articulation of some known publicists on the subject to rebuff the protagonists’ position. He concludes by asking whether, considering the resultant agitation for self-determination, secessionist ideology and acts of terrorism, it is appropriate to say that that reintroduction amounts to a discovery of a treasure throve or the opening of Pandora’s box. In other words, is it advantageous or disadvantageous to the much-desired development of the nation? Before the arrival of British colonialists and others like them, the area that is today known as Nigeria comprised a number of clans, settlements, kingdoms, empires, etc., and each had its own idiosyncratic traditions and customs, albeit by different nomenclatures. Although the various customs and traditions were orally handed down from generation to generation, through them, the indigenous peoples were able to effectively organise and regulate their societies. For reasons of standardisation however, the designation “customary law”, in the form of non-state law, was adopted later as a mere change in nomenclature, but the character and merit of it have remained