A law professor at Bowen University, Iwo, Osun State, Prof. Mary-Ann Ajayi, has called for a critical review of Nigeria’s customary law practices to ensure alignment with internationally recognised human rights standards.
Delivering the institution’s 22nd inaugural lecture titled “The Paradox of Customary Law and Human Rights in Africa: Exploring the Tensions, Complementarities, and Opportunities for Reform,” Ajayi highlighted the often conflicting relationship between African traditional legal systems and global human rights principles.
The event drew dignitaries including the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), members of the Nigerian Bar Association (NBA), traditional rulers, and members of the university community. Ajayi, a lecturer at Bowen’s College of Law, explained that while customs are powerful symbols of cultural identity, they sometimes conflict with fundamental human rights like dignity, equality, and non-discrimination.
“Customary law is woven into the very fabric of African communities, reflecting the values, norms, and social structures,” she said, noting that although it has withstood colonial and modern reform pressures, it must now be harmonised with human rights to serve justice more equitably, especially for vulnerable groups such as women, children, and ethnic minorities.
Ajayi noted that many injustices, particularly those that disadvantage women and children, could be corrected through deliberate legal reform. She spotlighted the discriminatory customary law of succession, still widely practised in several communities, which gives preference to the eldest male child and sidelines female heirs. “Women and daughters often face marginalisation, not just in law but in the socio-cultural fabric that supports it,” she said.
She advocated for the integration of human rights frameworks with customary law to promote justice, suggesting that community-based dispute resolution systems rooted in cultural practices can offer accessible and effective pathways to justice while protecting the rights of the marginalised. “There are several advantages to combining human rights frameworks with customary law. By utilising easily accessible, culturally appropriate, and effective community-based dispute resolution techniques, it expands access to justice,” she explained.
Highlighting the plight of rural women, Ajayi said that despite their significant contributions to agriculture, they are often denied legal ownership of the lands they cultivate. While courts have affirmed women’s rights to inheritance in some cases, she lamented that enforcement remains weak in patriarchal communities.
In his remarks, Justice Minister Lateef Fagbemi praised the lecture as timely and commended Ajayi for her scholarly depth. He also noted the judiciary’s critical role in defending the rights of society’s most vulnerable. Bowen University Vice-Chancellor, Prof. Jonathan Babalola, acknowledged the lecture’s relevance to national development and reiterated the university’s commitment to bridging academic research with real-world policy solutions.
