Nigerian law is a relic of colonialism

Ajisegin [31] the Court rejected the notion that a male descendant was entitled to a larger share than a female descendant in the distribution of the estate of their ancestors.

Government of Nigeria [21]. To him it is the court that can define Repugnancy and also determine what it constitutes and of course which Custom or Customary Law passes the Test.

Professor Nwabueze [12] and Dr. Obafemi Awolowo University, at [2] Owonyin v. It is regulatory in that it controls the lives and transactions of the community subject to it. Obilade [16] says that there is no definite definition for the clause, Repugnancy Test rather than what the courts of law say it is.

The court further held that in the determination of whether customary law is repugnant to natural justice or incompatible with any written law, the standard is not the principles of English law.

It also depicts a bit of traditional life before colonization. While some opine that the introduction of the Repugnancy test is a positive aspect of the British colonialism in Nigeria, setting certain standards to which our laws are subjected to, to ensure justice is dispensed, others are of the opinion that the Repugnancy Doctrine is a representation of colonial denigration of our customary laws and is a subjection of our laws to substandard foreign standards.

In other words, it is not fair to conclude that a custom is repugnant to natural justice because it is inconsistent or contrary to English law, in the sense of the English common law or English statute. He referred to the case in Iyaoye v. Ogunsesan 3 NWLR pt. Britain, however, had a different proposition, put to the people in a referendum in February Jegede [7] and J.

Cookey Gam 2 NLR ABSTRACT The introduction of the Repugnancy Doctrine in Nigeria by the British as a test to ensure that the Customary Laws are dispensing justice, has caused various dissenting views among scholars as to the ratio behind such doctrine being introduced.

The court cannot itself transform a barbarous custom into a milder one. Although this is not an express subjection of Customary Law to the Repugnancy Test, it is yet a tacit adoption or approval of repugnancy clause provisions as enforced by Nigerian Courts. This bill, like its predecessor, would gravely restrict the basic rights of Nigerians.

Section 18 of the High Court Laws of Rivers State [22]encourages the High Court to enforce and ensure the enforcement of any custom which is not repugnant to natural justice, equity and good conscience and not against public policy.

On account of this, the application of the repugnancy test has become the object of scathing attacks. Igwe [5] Elias, T. In Dawodu v Danmole [27] the popular idea of Ori-oju-ori i. If it stands in its barbarous character, it must be rejected as repugnant to natural justice, equity and good conscience.

Relics | Museum Of Colonial History

In the course of this discussion, the writer of this paper seeks to examine the instant subject matter from a distinct angle and chart a new path for which subsequent scholars will canvass further discussions. Akinyele 5 FSC 84 Advertisements.DISSOLUTION OF MARRIAGE AND CUSTODY OF CHILDREN UNDER CUSTOMARY LAW IN NIGERIA BRIGHT E.

ONIHA* the Nigerian Supreme court in the case of Zaiden v Mohssen5 weddings,’ it would appear is largely viewed as a relic of colonialism. C. Islamic Law. Inside the museum building itself is a gallery exhibition tagged ‘The Making of Nigeria‘ and its is split into 4 different sections – ‘Pre colonial’, ‘Birth of Nigeria/towards independence’, ‘First Republic/Military Regime’ and ‘Lokoja’.

Buhari’s government has violated rights of Nigerians and their members – Femi Falana

“The appeal filed against the judgment by the Inspector-General of Police was dismissed by the Court of Appeal which held that police permit was a relic of colonialism which cannot be justified under a democratic dispensation. To say that religion is the root cause of the present global violence in the world today especially in the Middle East where migrants are fleeing to Europe for dear life is no exaggeration.

To. This law - a relic of British colonialism - already violates Nigeria's commitments under the International Covenant on Civil and Political Rights. “The appeal filed against the judgment by the Inspector-General of Police was dismissed by the Court of Appeal which held that police permit was a relic of colonialism, which cannot be justified under a democratic dispensation.

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Nigerian law is a relic of colonialism
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