Site Logo E-PROJECTTOPICS

IMPACT OF THE JUDICIAL INTERPRETATION OF REPUGNANCY DOCTRINE ON THE CUSTOMARY LAWS AND CUSTOMARY PRACTICES IN NIGERIA


📋


Presented To


Law Department

📄 Pages: 65       🧠 Words: 11011       📚 Chapters: 5 🗂️️ For: PROJECT

👁️‍🗨️️️ Views: 269      

⬇️ Download (Complete Report) Now!

IMPACT OF THE JUDICIAL INTERPRETATION OF REPUGNANCY DOCTRINE ON THE CUSTOMARY LAWS AND CUSTOMARY PRACTICES IN NIGERIA   INTRODUCTION

The introduction of the British Common Law, the Doctrine of Equity and the Statute of General Application by Ordinance 3 of 1863 into Nigeria did not abolish the customary law of the people. Rather, the statute introducing such English Laws expressly made provision to the effect that British established courts in Nigeria should observe and enforce the observance of the Customary Law of the people.

However, it is instructive to state that Ordinance 4 of 1876 provided for the preservation of such customary laws in clear and unambiguous terms. Section 18 of Ordinance 4 of 1876  enjoined the British established courts in the colony to enforce the observance of the customary laws of the people of the colony.

Subsequent local legislations over the years have since continued to retain these legislation. In essence, every High Court in each of the  twenty one jurisdictions in the country is enjoined to observe and enforce the customary law of the people in its area of jurisdiction.

In the light of the above, there are however, three pre-requisites to be fulfilled before the court can observe and enforce any customary law and these are:

the customary law must not be repugnant to natural justice equity and good conscience,and that such customary law must not be incompatible either directly or by implication with any law for the time being in force, or Contrary to public policy.

The pre-occupation of the research is a protruding insight into the meaning of the doctrine and its applicability in Nigeria. Of note is its applicability and relevance on our socio-cultural environment.

The trend of discussions in this work is to enquire into the origin of the doctrine, the purpose and limit of law, nature and classification of customary laws and the basic statutory provisions such as Section 14(3) of the Evidence Act and Section 15 of the High Court Law of Akwa Ibom State 1 which contains the repugnancy and public policy test. Finally we will carefully examine the judicial approach and the implication of this approach to our legal and socio-political.

📄 Pages: 65       🧠 Words: 11011       📚 Chapters: 5 🗂️️ For: PROJECT

👁️‍🗨️️️ Views: 269      

⬇️ Download (Complete Report) Now!

🔗 Related Topics

AN APPRAISAL OF TAXATION AND ITS LEGAL EFFECTS ON FOREIGN DIRECT INVESTMENT IN NIGERIA LEGAL AND INSTITUTIONAL FRAMEWORK REGULATING PUBLIC OFFERING OF SECURITIES IN THE NIGERIAN CAPITAL MARKET A COMPARATIVE ANALYSIS OF DIRECTORS’ DUTIES OF CARE AND SKILL AND FIDUCIARY DUTIES OF LOYALTY AND GOOD FAITH UNDER THE COMPANIES ACTS OF NIGERIA AND THE UNITED KINDGOM AN EXAMINATION OF CABOTAGE LAWS AND IMPLICATIONS FOR NIGERIAN MARITIME INDUSTRY AN ANALYSIS OF THE LEGAL FRAMEWORK FOR THE PROMOTION OF FOREIGN DIRECT INVESTMENT IN NIGERIA AN EVALUATION OF THE SIGNIFICANCE OF THE VALUE ADDED TAX ACT IN REVENUE GENERATION IN NIGERIA MARITAL RIGHTS AND OBLIGATIONS IN ISLAMIC LAW: A CRITICAL ANALYSIS OF ITS PRACTICE IN NORTHERN NIGERIA AN ANALYSIS OF THE USE OF TESTIMONY AS A MEANS OF PROOF IN NIGERIA AN ANALYSIS OF JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS UNDER NIGERIAN LAW AN APPRAISAL ON THE RIGHT OF THE CHILD TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION UNDER NIGERIAN LAWS AN ASSESSMENTOF THE IMPACT OF COUNTER TERRORISM ON NON DEROGABLE RIGHTS UNDER INTERNATIONAL LAW A CRITICAL APPRAISALOF LEGITIMACY AND LEGITIMATION UNDER NIGERIA FAMILY LAW A Critical Appraisal Of Election Laws In Nigeria A Critical Appraisal Of Legitimacy And Legitimation Under Nigerian Family Law THE DOCTRINE OF SEPARATION OF POWERS AS ITS APPLIES IN THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 HOLDING CHARGE SYNDROME; A CHALLENGE IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA CORPORATE CAPACITY AND THE ULTRA VIRES RULE UNDER NIGERIAN LAW A CRITICAL EXAMINATION OF COLLECTIVE BARGAINING AND ITS ROLE IN LABOUR RELATIONS IN NIGERIA AN EXAMINATION OF INVESTORS’ PROTECTION UNDER NIGERIAN LAW THE MANAGEMENT OF BANKS AND THE RIGHT OF SHAREHOLDERS UNDER THE ASSET MANAGEMENT CORPORATION OF NIGERIA

click on whatsapp