CUSTOMARY ARBITRATION THROUGH OATH TAKING: EXPANDING TRADITIONAL WAYS OF PROVING LAND OWNERSHIP

Abstract

Oath taking is seen as one of the ways by which the truth is obtained from parties and witnesses to disputes under the native laws and customs of some parts of Nigeria. It is heralded as a way in which utmost truth could be ascertained, as it involves swearing before a deity that is said to be capable of meting out supernatural repercussions which are swift and oftentimes fatal, if the oath taker lied or misrepresented the truth. The fear of this deity often compels oath takers to state the truth without deviation. For this reason, some have said that this system should be accepted by the Nigerian Courts as a method of proving title to land under Nigerian customary adjudication. There have, however, been divergent opinions regarding the relevance and legal significance of traditional oaths. This study investigates the efficacy or otherwise of the adoption of oath taking as one of the ways of ascertaining land ownership.