REPUGNANCY DOCTRINE: AN ATTEMPT TO DESTROT OR PRESERVE CUSTOMARY LAW
Hate Doctrine:
Attempts to Destroy or Preserve Introductions to Common Law
The introduction of English common law, the law of equity and the law of general application in Nigeria by his 1863 Ordinance 3 did not abolish the common law of the people. Rather, the legislation that introduced such British law expressly provided that the British courts in Nigeria would abide by and abide by the customary laws of the people.
However, it is useful to say that Legislative Decree No. 4 of 1876 provides for the maintenance of such customary rights in clear and definite terms. Section 18 of Ordinance 4 of 1876 required the colonial courts established by England to enforce compliance with the customary rights of the colonists.
Over the years, local councils continued to uphold this law. Essentially, all Supreme Courts in each of the country’s 21 jurisdictions are obliged to respect and enforce the customary laws of the people within their jurisdiction.
However, in light of the above, in order for the court to comply with and enforce common law, her three conditions must be met:
Common law should not contradict, nor should it understand the justice of nature
such customary law does not contradict, directly or by implication, the law then in force; or
Anything contrary to public order and morals.
The main research interest emerges from this study’s insights into the importance of education and its applicability in Nigeria. Its applicability and relevance to our socio-cultural environment is noteworthy.
The discussion in this work tends to deal with the origins of jurisprudence, the purposes and limits of law, the nature and classification of common law, and basic legal provisions such as sections 14(3) and 20 of the Code of Evidence. Article 1 of the Evidence Law to deal with the High Court Act of Akwa Ibom State 1. Finally, we carefully consider the legal approach and its impact on the legal and sociopolitical environment.
chapter One
Definition of terms
disgusting doctrine
The doctrine of loathing owes its origins to medieval and English judicial developments. This doctrine was introduced into Nigeria in his late 19th century by Ordinance 3 of 1863, when English law was introduced into the legal system. It was to test whether common law would be accepted.
The question was whether the application of jurisprudence by the Nigerian courts had an English tint as a result of coloring. This justice is seen as a universal conception of what is “good”, fair and just, and therefore cannot be overemphasized. Of course, this complies with Section 36(1) of the 1999 Nigerian Constitution. The problem with our common law is that it is irrelevant to many customs complicated by superstition. It is difficult to obtain legal notice unconditionally.Hate Doctrine:
Attempts to Destroy or Preserve Introductions to Common Law
The introduction of English common law, the law of equity and the law of general application in Nigeria by his 1863 Ordinance 3 did not abolish the common law of the people. Rather, the legislation that introduced such British law expressly provided that the British courts in Nigeria would abide by and abide by the customary laws of the people.
However, it is useful to say that Legislative Decree No. 4 of 1876 provides for the maintenance of such customary rights in clear and definite terms. Section 18 of Ordinance 4 of 1876 required the colonial courts established by England to enforce compliance with the customary rights of the colonists.
Over the years, local councils continued to uphold this law. Essentially, all Supreme Courts in each of the country’s 21 jurisdictions are obliged to respect and enforce the customary laws of the people within their jurisdiction.
However, in light of the above, in order for the court to comply with and enforce common law, her three conditions must be met:
Common law should not contradict, nor should it understand the justice of nature
such customary law does not contradict, directly or by implication, the law then in force; or
Anything contrary to public order and morals.
The main research interest emerges from this study’s insights into the importance of education and its applicability in Nigeria. Its applicability and relevance to our socio-cultural environment is noteworthy.
The discussion in this work tends to deal with the origins of jurisprudence, the purposes and limits of law, the nature and classification of common law, and basic legal provisions such as sections 14(3) and 20 of the Code of Evidence. Article 1 of the Evidence Law to deal with the High Court Act of Akwa Ibom State 1. Finally, we carefully consider the legal approach and its impact on the legal and sociopolitical environment.
chapter One
Definition of terms
disgusting doctrine
The doctrine of loathing owes its origins to medieval and English judicial developments. This doctrine was introduced into Nigeria in his late 19th century by Ordinance 3 of 1863, when English law was introduced into the legal system. It was to test whether common law would be accepted.
The question was whether the application of jurisprudence by the Nigerian courts had an English tint as a result of coloring. This justice is seen as a universal conception of what is “good”, fair and just, and therefore cannot be overemphasized. Of course, this complies with Section 36(1) of the 1999 Nigerian Constitution. The problem with our common law is that it is irrelevant to many customs complicated by superstition. It is difficult to obtain legal notice unconditionally.
natural justice, justice and conscience
The phrase “natural justice, justice, conscience” always stuck in my ears because it was difficult to recognize the exact meaning of the words “natural justice, justice, conscience.” Velocity Ag. C.J. stated in the Louis V. Baucole 5 case: It is of course not difficult to argue that they are lofty phrases and go against much of the ancient custom of barbaric times, but it is not easy to provide a proper and precise definition of the term. In the recent Mojekwu V Ejikeme6 case, the Court of Appeal attempted explanations, but nevertheless recognized the difficulty of precisely defining the term “natural justice” in legal terms.
The term “natural justice” generally means justice that follows or relates to nature, hence innate justice. It’s not a human job, so humans can’t usually influence it. Although the wording is fluid and vague and can hardly have a precise meaning, the above law must be legally disregarded by the Supreme Court of Akwaibom State and customary law inconsistent with natural justice. We are creating a situation.
common law
Aristotle aptly declared, “Man is the supreme beast when he is disciplined by law, but the worst beast when he lives without law and justice.” If this statement is true, as indeed it is, then the indispensability of law comes to the fore.
The next question is what would the society be without the law. T he above paradigm seeks to reiterate the duty of which any society in need of decorum and justice, has in developing customs and laws that becomes the mirror of the society
The expression customary law has many defunction as there are lawyers. These defunctions are derived from statutes, case laws, as well as text writers. The Evidence Act cap 62, defines a custom, “as a rule which, in a particular district, has from long usage obtain the force of law”7 The Eastern Region Law No. 21 of 1956 defines customary law as a “rule or body of rules regulating rights and imposing duties, being a rule or body of rules which obtains and it is fortified by established usage and which are appropriate and applicable to any particular causes, action, suit, matter, dispute, issue or question”.8
Also, Ghana Interpretation Act 1860 defines it to “consist of rules of law which by custom are applicable to particular communities in Ghana, not being rules included in the common law under any enactment providing for assimilation of such rules of customary law as are suitable for general application”.9
Again from the jurisprudence of courts, customary law has been variously interpreted. In Oyewumi V. Ogubunesan10, customary law is defined as “the organic or living law of the indigenous peoples of Nigeria that governs their rights and transactions”. In addition, the Agu V Ikewibe Customs Court can be viewed as “a code of conduct which persons residing in a given geographical area find binding in their mutual relations”. The Court’s decision12 in KHARIE ZAIDEN v FATIMA KHALIL MOBSSEN gives further credence to all things common law. Thus, the courts defined the common courts as “a legal system that is neither Nigerian common law nor legislation enacted by a competent parliament, To complement these definitions from law and jurisprudence, writers have also advanced their own definitions of what the common law is. P.C. Lloyd defines common law as: 13 In his book The Legal System of Nigeria, A. O. Obilade 14 defines customary law as “practices accepted by members of a community as binding on each other”. “Particular community rights,” according to Dr. Member. This recognition must respond to social demands. For every community has a dynamic of social behavior, an accepted code of conduct that the majority of its members deem absolutely necessary for their common will. This determinant of community ethics is its social imperative. A review of all these definitions reveals that the emphasis has always been on acceptance, use, flexibility and authorization. It should be noted that in Nigeria, the use of a single common law term does not indicate that a single uniform set of practices predominates within the country.It encompasses many different practices. Used as an all-encompassing description. That includes Islamic law as well as tribal and ethnic law. Section 2.16 of the Northern Nigeria Indigenous Courts Act expressly states that “Indigenous law and practice includes Islamic law.” Therefore, for practical reasons, Islamic law and various ethnic or tribal laws are treated equally.
Leave a Comment