a. Customary law is one of the sources of Nigerian Laws.
Required: Explain briefly, TWO validity tests which customary law must pass to be enforceable. (4 Marks)

Customary law must pass the following two validity tests to be enforceable:

  1. Repugnancy Test: The law must not be repugnant to natural justice, equity, and good conscience. This means that any customary law that contradicts these principles will be invalid.
  2. Incompatibility Test: The law must not be incompatible with any written law, especially Nigerian statutory law and the Constitution. If it conflicts with these laws, it cannot be enforced.