- 4 Marks
Question
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)
Answer
Customary law must pass the following two validity tests to be enforceable:
- 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.
- 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.
- Tags: Customary Law, Nigerian Legal System, Validity tests
- Level: Level 1
- Topic: Sources of Nigerian Law
- Series: NOV 2019
- Uploader: Dotse