• 4 Marks

BL – May 2022 – L1 – SB – Q1a – Sources of Nigerian Law

State two validity tests for a customary law to be recognized in court.

Customary laws are derived from the customs accepted by members of a particular community as binding upon them. Since they are generally not written, they must be proved in Court.

Required:
State TWO validity tests that a customary law must pass to be recognized in Court.

  1. The customary law must not be repugnant to natural justice, equity, and good conscience.
  2. The customary law must not be incompatible with any existing law, particularly statutory law.
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