What is the Repugnancy test?

What is the Repugnancy test?

The process for determining the abolition or rejection of perceived unwholesome or inhuman Customary Law on the ground that it is obnoxious is what is now very popularly known as the Repugnancy Test.

What is incompatibility test law?

Another test is the incompatibility test. This test requires that any rule of customary law must not be incompatible with any existing provisions of the constitution nor any existing statute for the time being in force in such a community in Nigeria.

What considered unconstitutional?

Constitutionality is the condition of acting in accordance with an applicable constitution; the status of a law, a procedure, or an act’s accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional.

What are the test of validity of customary law?

(iv) The British administration permitted the application of the rules of customary law provided they pass a general test of validity: not repugnant to natural justice, equity and good conscience or incompatible either directly or by implication with any law for the time being in force.

Is repugnancy clause still applicable in South Africa?

The so-called ‘repugnancy proviso’ has not been invoked by South African courts for many years and in other southern African states it has been repealed because of its associations with the colonial past.

What is meant by repugnancy clause?

The repugnancy doctrine was introduced into Nigeria in the 19th century through the received English laws. This doctrine prescribes that the courts shall not enforce any customary law rule if it is contrary to public policy or repugnant to natural justice, equity and good conscience.

What is repugnancy law?

Black’s Law Dictionary defines repugnancy as inconsistency or contradiction between two or more parts of a legal instrument. In a system that divides its law-making power between the Centre and the States, an inconsistency can arise between the laws made by the Centre and those made by the State.

Is Unconstitutional illegal?

Illegal is something that violates a specific statute, unconstitutional is something that goes against the Constitution itself. Everything unconstitutional is illegal, but not everything illegal is unconstitutional.

What happens if something is unconstitutional?

When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.

Is customary law legally binding?

Why is customary international law binding? States recognize that treaties and customary international law are sources of international law and, as such, are binding. This is set forth, for example, in the Statute of the International Court of Justice.

How is customary law proven in court?

The proof of customary law in court is governed by the copious provision of Section 16 of the Evidence Act 2011. The summary of the Act therefore is a customary law can either be proved by direct evidence to establish its existence or by established judicial notice.

Does the repugnancy clause still exist?

The repugnancy doctrine was introduced into Nigeria in the 19th century through the received English laws. Most African countries repealed the repugnancy provisos when they obtained independence but Nigeria still retains it.