Culture vs Constitution Nigeria: When Traditions Clash with the Law

When Culture Clashes with Constitution: Which Prevails?

Introduction: 

Culture is often the heartbeat of a people. It shapes identity, governs social interactions and preserves history. Yet, in a constitutional democracy, the supreme law of the land is the constitution which safeguards rights and sets limits to protect every citizen.  

The tension between cultural practices and constitutional mandates becomes most apparent when cherished traditions conflict with the principles of equality, human rights and justice in Nigeria. This raises an important question: Should cultural norms be preserved at all costs, or must they yield when they contradict the constitution?  

This article explores where the line can be drawn and how societies can reconcile heritage with human dignity.  

Definition of Culture and Constitution 

Culture encompasses the social behavior, institutions, and norms found in human societies, as well as beliefs, arts, laws, customs, attitudes, and habits of the individuals within them. 

A Constitution is a body of fundamental principles or established precedents according to which a state or organisation is governed. 

The Supremacy of the Constitution 

The Constitution is not just another law; it is the highest law of the land. This principle is clearly stated in Section 1(1) and (3) of the 1999 Constitution of the Federal Republic of Nigeria, CFRN, as amended 2011.  

In Nigeria, conflict often arise between cultural practices and constitutional principles, particularly regarding women’s rights and religious freedom. Customary laws, sometimes discriminatory, coexist with constitutional guarantees of equality and freedom, creating tension between heritage and human rights.

 The Nigerian Constitution guarantees several fundamental human rights, primarily enshrined in Chapter IV:

• Right to life.  

• Right to dignity of human persons. 

• Right to personal liberty.  

• Right to fair hearing.  

• Right to private and family life.  

• Right to freedom of thought, conscience and religion.  

• Right to freedom of expression and the press.  

• Right to peaceful assembly and association.  

• Right to freedom of movement.  

• Right to freedom from discrimination. 

• Right to acquire and own immovable property. 

Recognition of Custom under the Nigerian Constitution 

 The Nigerian Constitution, specifically Section 318(1), recognises customary law as the rule of conduct which is applicable to a particular community in Nigeria and is accepted as binding within that community. 

The constitution acknowledges the existence and importance of customary law, ensuring its place within the broader legal framework.  However, the application of customary law is subject to certain limitations, it must not be repugnant to natural justice, equity and good conscience nor incompatible with any written law in force.  

Customary law is applied in various areas, including marriage, inheritance, land ownership, and dispute resolution, especially in communities where it is the primary legal system. 

Key Legal Cases

1.In the case of Mojekwu v Ejikeme, (2000) the dispute centered on the Nnewi customary law of “Oli-Ekpe” which denied daughters the right to inherit their father’s property if there was a male relative available. The appellant argued that this longstanding tradition should be upheld, while the respondent, a woman, challenged it as discriminatory. 

The Court of Appeal held that the Oli-Ekpe custom was repugnant to natural justice, equity and good conscience because it discriminated on the basis of gender. More importantly, it was inconsistent with Section 42 of the constitution which guarantees freedom from discrimination. 

The court declared that where any custom conflicts with the constitution, the constitution must prevail. This decision affirmed that traditions, no matter how entrenched, cannot override constitutional rights. 

2. Also, in the case of Ukeje v. Ukeje, (2014), the Igbo customary law excluded female children from inheriting their father’s estate. The supreme court ruled that no Nigerian woman should be denied inheritance rights solely because of her gender. The court found the practice unconstitutional as it violated Section 42(1) and (2) CFRN, reinforcing the supremacy of the constitution over discriminatory customs.  

Conclusion: 

 “No matter how cherished a custom is, it must give way when it is in conflict with the constitution”– Justice Clara Bata Ogunbiyi 

When customs preserve dignity, unity and equality, they deserve to be celebrated and protected. But when they perpetuate harm, discrimination or oppression, they must give way to the higher standard set by the Constitution. 

The supremacy clause is more than legal text; it’s a shield for the vulnerable and a compass for a just society.  

At AWJAI, we believe that protecting human rights does not mean erasing culture, it means refining it, ensuring that tradition walks hand in hand with justice. In the face of conflict, let the constitution lead so that culture can evolve into a legacy that future generations will be proud to inherit. 

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