2008
DOI: 10.1017/s0021855308000065
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Juju Oaths in Customary Law Arbitration and Their Legal Validity in Nigerian Courts

Abstract: Traditional oaths play decisive roles in customary law arbitration and are recognized and accorded due respect by the courts. This position is now threatened by four emerging factors. First, all customary law arbitrations (including those based on juju oaths) are now subjected to stringent conditions before the courts will enforce them. Secondly, there are discordant voices in the Supreme Court on the legal relevance and juristic value of traditional oaths. Thirdly, in August 2005, the gruesome activities of s… Show more

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Cited by 18 publications
(5 citation statements)
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“…Although juju is well-known in Nigeria, it is not part of the public discourse and some even believe that talking about it may bring harm upon them (AFRUCA, 2010 in Msuya, 2017). Interestingly, the Nigerian Criminal Code criminalizes several forms of juju rituals and witchcraft on the one hand, yet validates some on the other hand (Nwauche, 2008; Oba, 2008). The Oba ’s declaration and its effects however show that more discussion about this ritual, which is being used by traffickers (Ikeora, 2016) may be beneficial in tackling human trafficking.…”
Section: Discussionmentioning
confidence: 99%
“…Although juju is well-known in Nigeria, it is not part of the public discourse and some even believe that talking about it may bring harm upon them (AFRUCA, 2010 in Msuya, 2017). Interestingly, the Nigerian Criminal Code criminalizes several forms of juju rituals and witchcraft on the one hand, yet validates some on the other hand (Nwauche, 2008; Oba, 2008). The Oba ’s declaration and its effects however show that more discussion about this ritual, which is being used by traffickers (Ikeora, 2016) may be beneficial in tackling human trafficking.…”
Section: Discussionmentioning
confidence: 99%
“…This is true when one studies the customs of most Nigerian communities from the North to the East and the southern part of the country (Asouzu, 2001;Oluduro, 2011;Oba, 2008).…”
Section: Nigeriamentioning
confidence: 99%
“…Oba states that the supernatural plays an important role in African customary law and that oaths in particular are more extensively used in customary law arbitration among the Igbos than among other ethnic and language groups in Nigeria (Oba 2008 ;Edu 2004 ;Ejidike and Izuakor 1992 ). This is to the extent that at least parties in dispute were allowed to present their respective cases before some arbitral body.…”
Section: Double Sync: Fair Hearing and The Administration Of Justicementioning
confidence: 99%