Author(s): UZODINMA FRANK-IGWE & ETHELDRED E. WOHA | Volume 18 (2)April, 2023
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 Oath taking. 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.
Keywords: Oath taking, Custom, Customary arbitration.