THE JURISPRUDENCE OF PROVING LAND OWNERSHIP THROUGH OATH TAKING

Abstract

Oath-taking was a method used in certain regions of Nigeria to extract the
truth from anyone involved in conflicts, including parties and witnesses,
according to the traditional law and customs. It was praised as a method to
determine absolute truth, as it entails making a solemn declaration before
a deity believed to possess the power to impose supernatural consequences
that are rapid and often deadly, in case the person taking the oath tells a lie
or distorts the truth. The awe-inspiring nature of this deity frequently
motivated those taking oaths to express the truth without any deviation.
Therefore, proponents argue that the Nigerian Courts should recognise this
approach as a valid means of establishing land ownership through
Oathtaking. There have been differing viewpoints regarding the importance
and legal implications of traditional oaths. This article examines the
rationale or otherwise of admitting evidence adduced from oath-taking as
a method to determine land ownership.