Vol. 3, Issue 6 (2017)
The subjection of customary laws to repugnancy tests by Nigerian courts; the need to broaden the Horizon
Author(s): Hilary Nwaechefu
Abstract: The concept of Repugnancy tests in Nigeria date back to the colonial days till date, when the colonial overlords sat to adjudicate cases brought before them bordering on native laws and customs. They refused to recognize and enforce customary laws. The Nigeria constitution and the evidence Act recognized customary laws and state the situations and how customary laws are to be recognized and enforced. The primary objectives of this paper will therefore be to identify the reasons why the colonial courts subjected the customary laws to Repugnancy tests and the post colonial Nigeria courts are still subjecting customary laws to Repugnancy tests before applying them. This paper will approach the concept of Repugnancy by reference to the law text books, Law reports, Internet sources, Newspaper publications. The findings in this paper are that many of the Nigeria customary laws need to be further subjected to Repugnancy tests beyond those that have already undergone tests. The Nigeria constitution guaranteed freedom from discriminations based on sex, Race, ethnic and circumstances of birth. This paper will bring to the bare a few cases and instances the Nigeria courts have made pronouncements of Repugnancy This paper will make recommendations toward broadening the scope of this Repugnancy tests.