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Impact of the Judicial Interpretation of Repugnancy Doctrine on the Customary Laws and Customary Practices in Nigeria

Impact of the Judicial Interpretation of Repugnancy Doctrine on the Customary Laws and Customary Practices in Nigeria

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Reference ID: PS-6332-TM

DEDICATION

This research material titled “Impact of the Judicial Interpretation of Repugnancy Doctrine on the Customary Laws and Customary Practices in Nigeria” is dedicated to God for his enabling grace, and to all computer enthusiasts who contributed to make life a pleasant experience during my research documentation.

ACKNOWLEDGEMENT

I extend my sincere gratitude to all those who contributed to the completion of this project. Special thanks to my Supervisor (Name of your Supervisor), the Head of Department (Name of your HOD), the Lecturers in the department of Law, Book Authors and Profound Scholars of existing or related project material on “Impact of the Judicial Interpretation of Repugnancy Doctrine on the Customary Laws and Customary Practices in Nigeria” for their invaluable guidance, support, and expertise throughout the journey.

I am also grateful to your study area (mention any funding organizations, if applicable) for their financial assistance. This research would not have been possible without the encouragement and assistance of some stakeholders (mention any mentors, teachers, or colleagues). Additionally, I would like to acknowledge the understanding and patience of my family and friends during this endeavor. Your unwavering support has been a constant source of motivation. Thank you all for being part of this meaningful endeavor.

ABSTRACT

The impact of the judicial interpretation of the repugnancy doctrine on customary laws and practices in Nigeria is a complex interplay that shapes the legal landscape of the nation. This study examines the historical development of the repugnancy doctrine and its evolution within the Nigerian legal system. Through a critical analysis of judicial precedents, it was found that judicial interpretations have significantly influenced the application and acceptance of customary laws, often leading to conflicts between traditional practices and contemporary human rights standards. The findings indicate that while the repugnancy doctrine serves to ensure that customary laws align with fundamental human rights, it has also resulted in the marginalization of certain cultural practices, particularly those related to women's rights and land tenure systems. The research highlights the necessity of striking a balance between preserving cultural heritage and ensuring adherence to human rights principles. Ultimately, this study contributes to the discourse on legal pluralism in Nigeria, emphasizing the need for a more nuanced approach that respects customary practices while safeguarding individual rights. Based on the findings of this research, it was recommended that the judicial interpretation of the repugnancy doctrine should prioritize community engagement to ensure that the voices and perspectives of local populations are heard in legal proceedings.


Impact of the Judicial Interpretation of Repugnancy Doctrine on the Customary Laws and Customary Practices in Nigeria

CHAPTER ONE

1.1 Introduction

The interplay between customary laws and the judiciary has been a focal point of legal discourse in Nigeria, especially with the advent of the repugnancy doctrine. This doctrine serves as a critical filter through which customary laws are assessed in relation to established legal norms and human rights standards. The judiciary's interpretation of the repugnancy doctrine significantly impacts the recognition and application of customary laws, often reshaping traditional practices to align with constitutional values and contemporary societal standards¹.

In Nigeria, where a diverse array of ethnic groups and their respective customs coexist, the challenge lies in balancing the respect for cultural practices with the necessity of ensuring that these practices do not contravene fundamental human rights. The repugnancy doctrine essentially mandates that any customary law that is contrary to natural justice, equity, and good conscience is deemed invalid². This principle raises pertinent questions about the extent to which the judiciary has the authority to alter or nullify customary practices that have long been upheld by communities.

The impact of judicial interpretation extends beyond mere legality; it influences social norms, community relations, and the overall perception of customary laws among the populace³. While the intent of the repugnancy doctrine is to uphold human rights and promote justice, its application can inadvertently marginalize traditional practices that hold significant cultural value¹.

Thus, it becomes imperative to explore the ramifications of this doctrine on customary laws and practices in Nigeria, particularly in light of ongoing debates about cultural preservation and the role of modern legal frameworks⁴.

CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the …

Summary Headlines for Impact of the Judicial Interpretation of Repugnancy Doctrine on the Customary Laws and Customary Practices in Nigeria



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