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Repugnancy Doctrine An Attempt to Destroy Or Preserve Customary Law

Repugnancy Doctrine; An Attempt to Destroy Or Preserve Customary Law

Project / Seminar Material
Reference ID: PS-6307-TM

DEDICATION

This research material titled “Repugnancy Doctrine; An Attempt to Destroy Or Preserve Customary Law” 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 “Repugnancy Doctrine; An Attempt to Destroy Or Preserve Customary Law” 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 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 say 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 conceive. 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 protruding of this research is 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 acquire into the origin of doctrinal, 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 20 of the High Court Law of Akwa Ibom State 1which 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 setting.


Repugnancy Doctrine; An Attempt to Destroy Or Preserve Customary Law

CHAPTER ONE

1.1 Introduction

… As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitation of the study and Definition of technical terms.

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 Repugnancy Doctrine; An Attempt to Destroy Or Preserve Customary Law



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