THE DISTINCTION BETWEEN CUSTOM AND CUSTOMARY LAW: DIVISION WITHOUT PARTITION

ABSTRACT Nigerian legal system is a plural and multifaceted one. Customary law forms an integral part of that complex system. The problem lies in the distinction between customary law and its source, custom. When does a custom transcend the village property status to a legal authority category? When does a custom become customary law? When the custom fails the court and statutory tests does it stop governing the people? Do courts make customary law? This work examines the true relationship between custom and customary law.