CUSTOMARY OATH TAKING
By: Chidi Dimgba –
The trial Customary Court fell into the error of determining the ownership of the land in dispute by reference to an alleged decision made between the parties by the Chukwu Oracle. There is no doubt that the practice of referring disputes to oracles was greatly followed in several parts of Eastern Nigeria. Social development which has greatly impacted on the law has resulted in the situation where such practice has fallen into disfavour and this has in turn led to its prohibition by law. The contemporary practice is that disputes should be resolved with reference to evidence brought before a court by parties: not by reliance on the dictates of some oracles.
NNADOZIE V. MBAGWU (2008) 2 FWLR (PT 419) 2469 SC AT 2500 PARAS E – G, PER OGUNTADE, JSC.
I need to place on record in reiteration that where parties who believe in the efficacy of juju resort to oath-taking to settle a dispute they are bound by the result and so the common law in respect of proof of tittle to land will be based on the rules set out by the traditional arbitration resulting to oath taking.
PIUS UMEADI & ORS. V VICTOR CHIBUNZE ANOR (2020) LPELR-49566 (SC).
Where parties who believe in the efficacy of a juju resort to Oath- taking to settle a dispute,they are bound by the result and so the common law principles in respect of proof of title to land no longer applies since the proof of ownership of title to land will be based on the rules set out by the traditional arbitration resulting to Oath- taking.
UMEADI VS.CHIBUNZE (2020) 10 NWLR (PT.1733) 405 AT 412 SC.
