JUDGMENT WRITING: CUSTOMARY LAW APPROACH BY HON. AISHA MOHAMMED ABOKI

 
 

JUDGMENT WRITING: CUSTOMARY LAW APPROACH

BEING A PAPER PRESENTED ON TUESDAY 4^TH JULY, 2023 AT THE INDUCTION COURSE FOR NEWLY APPOINTED JUDGES OF THE AREA/SHARIA/CUSTOMARY COURTS, 3^RD – 5^TH JULY, 2023. HELD AT THE ANDREW OTUTU OBASEKI AUDITORIUM, NATIONAL JUDICIAL INSTITUTE, ABUJA

                                                            BY

HONOURABLE AISHA MOHAMMED ABOKI

CHAIRMAN/PRESIDING JUDGE, CUSTOMARY COURT, IDU/KARIMU, ABUJA, FCT.

 

PROTOCOL

With humility, I begin with pouring out my complete and heartfelt gratitude to Almighty Allah (SWT) the most beneficent and most merciful creator for the many blessings we do not take for granted one bit. My life, my faith, my work and this paper presentation are all privileges I will remain deeply grateful to have.

The administrator, National Judicial Institute, Hon. Justice Salisu Garba Abdullahi, my Lord, may I humble express my profound gratitude without hesitation. The opportunity to be here as a resource person is highly appreciated and I am glad to be part of the awesome giant strides my Lord keeps activating in ensuring that learning and effective judicial development remains undeniable.

To the director of studies, the director of research and all staff of this great citadel of continuous education, I say thank you so much for your collective commitment and excellence.

INTRODUCTION

The Nigerian Institute of Advanced Legal Studies[1] recognizes how native law and custom, tradition, culture and other realities that are customary to individuals, groups or communities remain peculiar and multidimensional. As the saying goes, “different strokes for different folks”. What suits and determines the way of life of people who subscribe to the particular customary law is identifiable in the language, tribe and native belief systems which basically shapes the identity of the people.[2]

From the jurisprudence of the courts, Customary law has been interpreted in the celebrated case of Oyewumi V. Ogunesan[3] as: “The organic or living law of the indigenous people of Nigeria which regulates their lives and transactions…’

Customary law generally relates to the custom or usage of a given community and these are identified from the tradition, custom, usage and practice of people in a given community which by common adoption and acquiescence on their part and by long and involving habit, it has acquired to some extent, element of compulsion and force of law[4]

The native legal system consists of countless customs each developed and applicable to a particular ethnic group. Customary law has a jurisdiction limited to a particular cultural boundary and it is in the possession and right of a restricted ethnic group.[5]

Customary law is often oral and undocumented, developed and shared by a community and passed on from generation to generation.

By the evolution of customary laws being so intrinsic to the Nigerian Legal System, it is settled that customary law is a question of fact which must be proved or ascertained by evidence. This is to say that evidence is required in proof and establishment of different rules of custom and tradition particularly because it is only when a native law and/or custom becomes notorious as a result of frequent proof in courts that judicial notice of it is taken.[6]

The inherent powers of courts and the powers to adjudicate are fundamental to the determination of questions regarding civil rights and obligations as contained in the constitution and statues made by various legislatures. The courts give effect to customary law principles, traditions, customs, practices and peculiar norms that either have the flavor of judicial notice, or can be established by evidence.[7]

A judgment is an official and authentic decision of a court upon the respective rights and claims of the parties to an action or suit, therein litigated and submitted to the deliberation of the court. It is the decision of a court resolving dispute between the parties and thus determining their rights and obligations.

Every judge has his own style of writing and this may be as a result of the background of the judge,[8] the innate thought pattern of the judge or the precise form of expression which the judge had developed.

Carefully considering the details of judgment writing especially from the customary law perspective and the peculiarities in the manner of approach appliable, adopted and/or recommended reveals the pathway to achieving substantial justice for the overall benefit of the society at large.

I humbly reiterate the position that the customary law approach to judgment writing is not restricted to customary courts. This is because in some jurisdictions, the structure and jurisdictional patterns of lower courts are different. Customary law cases are brought before Area Court Judges, Magistrates and customary court Judges, depending on the peculiarity of the structure obtainable in the state.[9]

WHAT JUDGMENT WRITING ENTAILS

The constitution[10] provides that judgment ought to be delivered in writing within 90 days after the conclusion of evidence and final addresses, and the law also provides that all parties to the cause or matter determined be furnished with duly authenticated copies of the judgment within seven days of the delivery thereof. There is the argument about the impracticability of furnishing parties with copies within the number of days given on the one hand, and strict compliance and applicability of the 90 days rule on the other hand, however, for the purpose of judgment writing from the customary law perspective and in customary courts as courts of summary jurisdiction, rules and procedural requirements that do not strictly bind lower courts are definitely available to guide the court in the course of justice dispensation.

Depending on the peculiarities of the state/jurisdiction, a consideration of the need to dispense cases quickly so that parties can have justice timeously and the need to monitor performance of judges through the monthly return of cases would together guide customary court judges in understanding the embrace speedy dispensation of justice. This is one of the cardinal purpose of establishing lower courts who should not be seen to celebrate technicalities, procedural delays and formal/stringent rules.

Without a doubt, the need for the official and authentic judgment of a court to be in writing stands firmly on the foundation of credibility, judicial precision and constitutionality. In Lagos Sate, Section 32 of the law[11]also requires customary law decisions to be in writing.

Section 27 of the Federal Capital Territory Customary Court Act[12] provides;

“27.-(1) A customary court shall record the reasons for its decisions in every cause or matter. (2) Evidence tendered in proceedings before a customary court shall as far as practicable be recorded in writing by the Chairman of the Court.”

When judges rule, write judgments or make pronouncements on cases involving issues such as contracts, property rights, privacy, matrimony, custody of children, inheritance etc., they are not just making legal decisions; They are making public policy statements and redefining the pedestals of Justice.

Framing judicial decision-making from the perspective of customary law therefore highlights the degree to which judges are important to the course of social harmony and cohesion. Judges often have a great deal of discretion, and therefore their decision-making processes, available facilities and atmosphere remains very important. The large amount of discretion they have to shape things cannot be underestimated.

CUSTOMARY LAW APPROACH TO JUDGMENT WRITING

The Supreme Court in the case of Ameh V. Ameh[13] held that where the natives in a customary court do not use the proper legal term to describe their legal position, the court can do so.

Honourable participants, it is important to clearly identify the peculiarities a judge considers when writing judgment with the customary law approach. Litigants often come before the customary courts without Lawyers. Indeed, the intrinsic nature of the court is structured to have more of such situations, as such, the aims of justice still can be met in resolving disputes. Plain language would be advised in the structural composition of a judgment in the customary court particularly because even when the language is as plain as ever, judges often have to orally explain to litigants after judgment is delivered.[14]

Judicial authorities have clearly established the position that a customary court is not restricted to the issues in the plaint. It is equally bound to consider every other issue that arises from the evidence and grant such reliefs as are appropriate in the circumstances of the case to accord with the substantial justice of the case. The requirement that a relief can only be granted by a Customary Court if either party filed a claim or counter-claim for it is one of form.

Customary Courts are not to be bogged down with technicalities and the proceedings are meant to be cheap, fairly informal and as speedy as possible without destroying the end of justice. The rule that a Court should not grant a defendant a relief he did not file a counter-claim for, even if the evidence supports it, is not applicable in customary law proceedings. In the Customary Courts, it is the substance that matters and not the form.[15]

Clearly, judgment writing brings to fore the need for customary court judges to pay attention to the entirety of proceedings from commencement to final address stage. This is why the need for proceedings to be recorded in as much details as practicable cannot be overemphasized or underestimated.[16] When record of proceedings are detailed, tidy and accurate, the final stage of judgment writing will be less cumbersome.

Very important, is the understanding that, particularly when lawyers appear, the facts of every case and credible evidence remain the focus during evaluation and decision making. It is important to remember this because it is not within the province of the court to take cognizance of facts elicited by counsel. Facts disclosed by counsel either in a written address, oral submission or argument is not and cannot replace evidence admissible by the court. Facts disclosed by counsel in written addresses are discountenanced by the court.[17]

Also, a proper customary law approach to judgment writing brings to mind the need to carefully appreciate the principle of judicial precedence and put same in proper perspective. Decisions are only authorities for what was specifically decided therein and they apply as precedents in cases where the facts and issues are the same or substantially similar. Where a case is clearly distinguishable, it would be patent error to rely on same as authority.[18]

Judgment writing is an art of itself. There is really no particular style approved for judges to adopt in judgment writing. Judgment writing is not an arithmetical or geometrical exercise which must answer exactly to laid down rules in field of mathematics. Resolving the issues within the confines of the court’s jurisdiction is key. If in the end, miscarriage of justice is not occasioned, then the judgment will not be vitiated.[19]

 

JUDICIAL RESEARCH AND JUDGMENT WRITING PATTERNS

Honourable participants, one very cardinal part of judgment writing is judicial research because of the importance of the use of appropriate authorities, reliance and adoption of current and existing legal positions, the principle of judicial precedence and the understanding of the finality that comes with the judgment of a court. Settled positions of law in decisions of Superior Courts of record generally have binding effects on lower courts. It is important to understand that the principle applies to help with the pursuit of substantial justice.

Some lawyers don’t cite cases appropriately either in their final written addresses, adumbrations or oral submissions and even where they do, a judge needs to verify and ensure that relevant cases and legal positions are clearly examined and understood before the decision is made whether to rely on them or not.

The use of modern ICT tools, gadgets and internet facilities are highly recommended.  The use up-to-date, reliable and credible sources; books, law reports and the opinion of experts will also be effective for meticulous judgment writing.

For courts that have assessors who are ordinarily knowledgeable in principles of applicable customary laws, it is important to further ensure that recognized and established customary law principles are examined with the repugnancy and compatibility tests so as to ensure that customary laws are struck down, when they are repugnant to naturel justice, equity and good conscience, or customary laws that are not in conformity with the constitution of the federal republic of Nigeria and other existing laws.

The following are ingredients or basic structural expectations to be considered in judgment writing;

• NAME/HEADING OF COURT
• NAME OF PARTIES/SUIT OR CASE NUMBER
• DATE AND NAME OF JUDGE
• NATURE/CAUSE OF ACTION.
• SUMMARY OF FACTS/CASE OF BOTH PARTIES.
• IDENTIFY THE ACTUAL ISSUE(S) IN CONTROVERSY.
• ADOPT OR COUCH ISSUE(S) FOR DETERMINATION.
• CONSIDER/EVALUATE RELEVANT FACTS.
• KEENLY CONSIDER ARGUMENTS/SUBMISSIONS OF LEARNED COUNSEL ON BOTH SIDES.
• IDENTIFY APPLICABLE LAWS/STATUTES/JUDICIAL AUTHORITIES.
• MAKE SPECIFIC FINDINGS/CONCLUSIONS AND GIVE REASONS FOR ARRIVING AT THE DECISION(S)

 

While the above listed are basically essential, it is the position of the law that, particularly from the customary law approach, a judgment will not be set aside on proof that one or more of the ingredients of a good judgment are missing, unless it is shown that such an omission resulted in total miscarriage of justice. [20]

It is also the position of law that no proceedings in a customary court and no summons, warrant, process, order or decree issued or made thereby shall be varied or declared void upon appeal solely by reason of any defect in procedure or want of form, but every court exercising powers of appeal shall decide all matters according to substantial justice without undue regard to technicalities.[21]

This is in tune with the locus classicus case of Erhunmwunse V. Ehanire[22] where the Supreme Court held that the form of an action in Customary Courts must not be stressed where the issue involved is clear. The substance of such actions is the determinant factor in such a case.

FEATURES OF A GOOD JUDGMENT

Plain Language: While language, syntax, construction and sentence patterns are relevant in the documentary structure of a judgment, the essentials that make a good judgment are not so much about the grammatical skills displayed but the ends of justice met. Yes, it is important for a judgment to be in plain language, simple and easy to understand. The use of excessive verbosity or complicated words should be avoided. Let the judgment be clear, concise and a true representation of substantial justice in the opinion of the judge; honestly, completely and without ambiguity.

Intelligible and Logical: It is worthwhile to keep these rules in mind while writing a judgment; the reasoning should be intelligible and logical, clarity and precision should be the ultimate goal. Your judgment, as a judge evaluating and determining questions of customary law should be simple and very clear and can be understood by a reasonable person who can read.

Simplicity: Use of strange words, complex grammar   and a lot of legal terminology, maxims and expressions should be avoided. Simplicity in your judgments cannot be over emphasized because the customary courts are grassroots courts and lower courts and it is mostly the grass root people i.e the ordinary man or woman in the society that bring their complaints to the lower courts.

Fair Hearing: This is a constitutionally guaranteed right. It is said that justice delayed is justice denied. The reverse is equally disturbing. Justice rushed is a travesty of justice and a threat to the fabric that binds civilized society together.[23] Fair hearing embodies the two-pronged principles of audi alteram partem meaning ‘hear the other side’ and nemo judex in causa sua meaning ‘no one can be a judge in his own case.

A good judgment must show that parties are given ample opportunity to be he heard and no customary law will be able to impeach the position of law on fair hearing.

The ABC principle was re-echoed by Hon. Justice P.O. Akinsinde[24] as Accuracy, Brevity and Clarity. Accuracy means that facts must be stated precisely, succinctly without any embellishment. Brevity entails that the judgment must not be voluminous and rambling, but sufficient to cover all the rudiments of the case. Clarity entails that judgment must be clearly understood by the parties to whom it is delivered without the need for further explanations or interpretations.

The litigants are usually not highly educated, thus can only understand clear and simple English writing. In most cases after reading and delivering the judgment, the court has to explain the judgment to the parties.

For litigants who do not have legal representation, either because they cannot afford it or they choose to present their case in court personally for reasons best known to them, it implies that they ultimately will not have lawyers to interpret the judgment of the court to them after it is delivered, so, your judgments should always be simple and very clear devoid of big grammar.

Resolve All Issues: Leave nothing hanging. This is to say that if a right or an obligation is ordered, the parameters or details as to other specifics about that right should be clear. For example, if the partitioning of a family land is done, actual details, size and who gets what is important so that the judgement would be better enforced or executed. Also, if a marriage is dissolved and custody of children granted with visitation rights, detailed modalities should be revealed in the judgment.

When writing a judgment, a customary court judge and indeed a court dealing with customary law questions must specify every detail of the judgment order for example, a petition for divorce and custody of children of the customary marriage. If the divorce is granted to the party seeking it, the judgment must contain whether the bride price is to be returned to the husband not, this is determined by the custom and tradition of the party seeking a divorce, that is in his or her custom whether a return of bride price is mandatory to put an end to a subsisting customary marriage, the judgment must specify how much was the bride price and to whom it will be returned.

Usually, monetary orders are executed by having the said sum paid into the court registry by the judgment debtor for onward transmission to the judgment creditor. If the parties were living together, the judgment must specify who is to pack out of the matrimonial home and when.

Orders relating to the custody and guardianship of children must be very clear and all details specified. After the award of custody, visitation rights must be specific, i.e., when the party who has been denied custody can visit, the child /children, details as to the specific days, time and duration of the visits must be made clear.

Maintenance for the children must be specific detailing who is to pay the school fees of the children, who pays for the feeding, clothing, accommodation and health care of the children.

Specific monetary amounts must be provided the judgment and also time within which all monetary orders must be paid. There are cases where after custody is awarded to one party, that party who has custody leaves the country or moves to another state without informing the other party thus denying the other party access to the children. A judge of customary court when writing judgment should put all these scenarios into consideration and make appropriate specific orders to minimize such occurrences. This will further make the work of the enforcement department and indeed the execution of judgment swift and easy. They will not have to ask the judge to further elucidate his judgment with specifics.

 

FUNCTUS OFFICIO AND THE SLIP-RULE PRINCIPLE

Judgment writing signifies the final aspect of a litigation process and the point of reading or delivering judgment is mostly point of determination. It is for this reason among others that the position of the law remains that once a court or tribunal delivers its final judgment in a case before it, it becomes functus officio with respect to that case; it has no power to re-open the case for the purpose of making corrections or changing its opinion. The exception to this is where there is need to make minor permissible corrections under the slip rule.

Once a court has given a final decision on a matter placed before it for adjudication, it becomes functus officio, and is precluded from reviewing or verifying the terms of the judgment or order apart from the correction of clerical mistakes or accidental slips.[25] The words 'accidental slip' have been considered to, among other things, mean a clerical mistake in a judgment or order. Such error must be an error in expressing the manifest intention of the court.[26]

Under the “Slip Rule”, the court has jurisdiction to correct a misnomer or mis-description but not to vary a judgment or order which correctly represents what the court decided. The court has no powers to vary operative and substantive part of its decision so as to substitute a different one. The “Slip rule” only permits corrections of mistakes or accidents where for instance, the language used in the phrase of the order is ambiguous or does not express the order actually made by the judgment or otherwise open to misinterpretation. The court cannot have a second look or a second thought on its decision.[27]

TYPES OF JUDGMENT

Without denying the truth about the unwritten nature of customary law and the possibility of having issues amicably resolved among parties or the adoption of customary law arbitration and other functional traditional dispute resolution mechanisms, for the purpose of institutional precision, records and efficiency, some of the recognized formal types of judgment are;

• INTERLOCUTORY JUDGMENT: An interlocutory judgment disposes of an issue in the course of the proceedings: It does not dispose of the rights of the parties finally e.g., an order of consolidation, an order of retrial, an order striking out a suit with leave to relist.
• FINAL JUDGMENT: A final judgment is one that disposes of the rights and liabilities of the parties finally in a suit. It signifies the coming to an end of the matter. At the end of the trial, the judge makes orders and pronouncements granting reliefs and mandating enforcement of rights and obligations.  A ruling on jurisdiction may either be final or interlocutory. It is a final judgment when the court rules that it does not have jurisdiction over the matter. It is interlocutory when the court rules that it has jurisdiction and continues with the trial.
• DISSENTING JUDGMENT: Where a court is constituted by a panel of judges particularly where all judges are qualified legal practitioners, each judge is entitled to an opinion. The Lead judgement is the judgment of the majority. Where the opinion of a judge is different from that of the majority, then it becomes the minority-dissenting Judgment. A dissenting judgment is not binding since the Judgment of the Court is the majority judgment which is binding. However, instances abound, where some majority judgments have been set aside by the appellate Courts, and approval is given to a minority judgment which reflects the justice of the case on appeal. It is therefore important to be meticulous in writing any judgment.
• CONSENT JUDGMENT: When parties are able to explore amicable settlement, the terms are usually drawn up and brought to the court for adoption as consent judgment. A consent judgment is judgment entered pursuant to an agreement between the parties. The agreement may either be made out of court; then the terms of settlement are brought for court to pronounce it as judgment; or may be entered in the face of court pursuant to the agreement of parties. A consent judgment cannot be set aside except on appeal. However, the court that delivered the consent judgment may set it aside on grounds of; Fraud, Non-Service or Lack of Jurisdiction. It is binding on the parties but a third party can apply to set it aside. A consent judgment is a final judgment and leave of Court is required to appeal against it.
• A JUDGMENT ON THE MERIT is a judgment given after the case has been argued and the court has decided which party is right or wrong.
• DECLARATORY JUDGMENT: A declaratory judgment is a judgment of a court which determines the rights of parties without ordering anything to be done or awarding damages. If the judgment is merely declaratory with no consequential orders, the law is that it cannot be enforced or stayed.
• DEFAULT JUDGMENT: This is a judgment given due to default or failure of a party in the proceedings to take any steps which he ought to have taken e.g., default to enter appearance or default to file pleadings. A default judgment is a final judgment, but since it is not a judgment on the merit, it can be set aside in specified ways as contained in various procedural rules of court.

CONCLUSION

We have considered the customary law approach to judgment writing. It may not be completely within the scope of this paper to mention judicial activism and law reform, I will humbly conclude by mentioning here that in judgment writing, particularly where native laws and customary principles are considered, the judge has a responsibility to be active and conscious of the need to consistently scrutinize customary laws especially upon proof of existence and applicability.

Sexual and Gender-Based injustice are arguably existing and perpetuated by customary laws. Some customary laws discriminate against women, children and different classes of people. These discriminatory customary laws cannot stand the test of modern justice rules of fundamental rights, equality and fairness.[28]

While perfecting the judgment writing professional standards, judges who have to consider customary law cases have a role to play in ensuring that the judiciary as an arm of government in a democratic dispensation remains active and aware of the need to ensure that order, judgments and decisions reflect constitutional rights and improved societal development while sustaining morality, equity and good conscience.

Thank you.

 

 

 

 

 

 

 

  

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[1] (NIALS), ‘Restatement Of Customary Law Of Nigeria’ Nials Journal 13 (2013) cited In ‘Essays In Honour Of Hon. Justice Mary Ukaego Peter-Odili’ Fida- View Point Media & Communications Limited, 2022p. 130

[2] S. Obatusin (2018), ‘Customary Law Principles As A Tool For Human Rights Advocacy: Innovating Nigerian Customary Practices Using Lessons From Uganda And South Africa Courts’ (3) Columbia Journal Of Transnational Law

[3] (1990)3NWLR, (Pt137)182,207

[4] This was the decision of The Supreme Court In The Case Of Nwaigwe V. Okere (2008) All FWLR (Pt 43) 870

[5] Hon. Justice Jibirl Idrisu (Retd.) ‘The Repugnancy Doctrine Under Customary Law: Issues And Challenges’ Being Paper Presented At The National Judicial Institute Abuja 15th April 2021 *Hon. Justice Jibril Idrisu Retired As President Customary Court Of Appeal, Nasarawa State.

[6] Ehusani A. Simpa (2020) ‘Substantial Justice At Little Cost And Time: The Peculiarities Of The Federal Capital Territory Customary Courts’ The Nigerianlawyer Online Publication Retrieved June, 16, 2023 From Https://Thenigerialawyer.Com/Substantial-Justice-At-Little-Cost-And-Time-The-Peculiarity-Of-The-Federal-Capital-Territory-Customary-Courts/

[7] Kehinde M. Mowe (2008), ‘Constitutional Law In Nigeria’, Malthouse Law Books, Page 182

[9] While In The Federal Capital Territory, The FCT Customary Courts Specifically Handle Questions Of Customary Law At The Lower Court Level, States Like Kogi State And Benue State Among Others Have Area Court Judges Or Magistrates Handling Customary Law Cases.

[10] The Constitution Of The Federal Republic Of Nigeria 1999 (As Amended)

[11] Cap. C19, Laws Of Lagos State, 2015

[12] 2007

[13] [2023] 7 NWLR (Pt.1882) P. 33, Paras. E-F

[14] See generally the Customary Court Law, Cap 32, Laws of Enugu State, 2004 (as amended in 2011) and the Federal Capital Territory Customary Court (Civil Procedure) Rules (as amended) 2023

[15] See The Decision In The Case Of Ndulue & Ors V. Obinaguoha & Ors (2013) LPELR-22576(Ca) (Pp. 30-34, Paras. D-B

[16] See Kogi State Area Courts Law 1991, Administration of Criminal Justice Law, 2017 and the Penal Code Law of Kogi State 2019

[17] This Was The Decision In The Case Of Mr. Micheal Amaechina V. Mrs. Conscience Juliet Amaechina (Unreported) 22/01/2019 FCT CCA Appeal No. FCT/CCA/CVA/18/2018 Page 17 Para. 2

[18] Ifeanyi V. Ogba [2023] 6 NWLR (Pt.1880) P. 274.

[19] The Following Cases Are Relevant On This Point; Adeyinka Ajiboye V. Federal Republic Of Nigeria (2018) LPELR-44468(Sc (Pp. 23-25, Para. D-D); Garuba V Yahaya (2007) 3 NWLR [Pt.1021) 390; Mbani V Bosi & Ors (2006)11 NWLR (Pt.991)800.

[20] See Vogt V. Akin-Taylor (2012) 10 10 NWLR (Pt. 1307) P. 76. See Also A-G., Federation V. Abubakar (2007) 10 NWLR (Pt. 1041) 1.

[21] Section 19(2) Of the Federal Capital Territory Customary Court Act 2007

[22] [2003] 3 NWLR (Pt. 837) P. 377, Paras. C-G

[23] Per NGWUTA ,JSC In Danladi V. Dangiri (2014) LPELR-24020(SC) (Pp. 44-45, paras. G-A)

[24] In The Paper: “Judgment Writing-Perspective From The Customary/Area/Sharia Court” Presented At The Refresher Course For Judges Of The Lower Court, National Judicial Institute 3^rd Of May, 2023

[25] This Was The Decision In The Case Of A-G., Kwara State V. Lawal [2018] 3 NWLR Pt. 1606 Pp. 290-291, Paras. G-A

[26] Sterling Civil Engineering Nig Ltd V. Yahaya 2005 LPELR 3118 SC

[27] Taiwo Hassan V. Sherifat Hassan (Unreported) FCT CCA 22/6/2021 Appeal No. FCT/CCA/CVA/29/2020 Pages 12-13

[28] Professor Ifeoma Pamela Enemo Phd., Women’s Rights Under Customary Law: The Past And Present Essays In Honour Of Hon. Justice Mary Ukaego Peter-Odili, Fida- View Point Media & Communications Limited, 2022p. 114