By Abdulwahab Abdulah

A University law lecturer, Prof. Michael Ntumy has said that there are no alternatives to the codification of customary law across Africa region.

Ntumy who teaches law at the Enugu State University of Science and Technology, ESUT, has tasked Nigeria and other African nations not to relent in their determinations to codify the customary laws of their people.

The don who delivered a lecture at this year ‘Distinguished Guest Lecture Series’ of the Faculty of Law, Lagos State University, LASU, Titled “Codification of Customary Law in Africa: Progress and Future Prospects.” Noted:”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.” The don compared the progress of codification of customary law in Tanzania, Nigeria, 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.

He further stated that although the challenges faced by the countries which have not codified their customary laws may be daunting, “the prospects are exhilarating.

“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, the University Vice Chancellor, Prof Lanre Fagbohun said Ntumy’s topic was timely. He said Nigerians could not afford to do away with their customs and cultures.
“Your culture is part of what you are. We need the expertise of people like Prof Ntumy, sensitising us like this, from time to time, to the fact that we mustn’t run away from this.” Explaining the reason for the series, Ikhariale said it was “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 specializations.” “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.” The event was attended by all principal officers of the University and students.