Customary law as Nigerian Volksgeist and justification to restate the law

Customary law has continued to be relevant to the lives of the people of Nigeria, particularly in matters of marriage, land holding, chieftaincy, inheritance and succession. Because of the diverse and unwritten nature of customary law, precision and clarity which are associated with various codes in Western jurisprudence are lacking in African customary law. There is a dire need for a systematic compilation of the applicable rules of customary law to know the exact content of the law. The paper examines the feasibility of restatement, as a means of documenting the law and the justification for restating the law. The objectives of the study were to examine the jurisprudential correlation between the idea of volksgeist and the Nigerian customary law; and identify and those customary laws that will deserve to be restated. The study adopted both doctrinal and non-doctrinal methodologies. The study placed reliance on primary sources of several statutes, official documents and decided cases. Similarly, secondary sources like textbooks and online materials were put to adequate use. The findings of the study were that there is a significant content correlation existing between the doctrine of volksgeist and Nigerian customary law as both emanate from the common consciousness of the subjects of the laws. The study concluded that restatement is the most preferred alternative for the documentation of customary law. The study recommended that customary law rules which cut across different ethnic groups will deserve to be restated to allow certainty in the law and help in preserving the traditional laws for the future generations of Nigerians.