LEGAL PRINCIPLE: CUSTOMARY LAW — Repugnancy Doctrine — Custom Not Repugnant Merely Because Inconsistent with English Law Concepts
PRINCIPLE STATEMENT
A custom cannot be said to be repugnant to natural justice, equity and good conscience just because it is inconsistent with English law concept or some principle of individual right as understood in any other legal system.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Mojekwu v. Iwuchukwu (2004) NLC-112000(SC) at p. 13; Paras A–B.
"It must be remembered that a custom cannot be said to be repugnant to natural justice, equity and good conscience just because it is inconsistent with English law concept or some principle of individual right as understood in any other legal system."
EXPLANATION / SCOPE
Inconsistency with English law does not make a custom repugnant. The principle applies to customary law. The repugnancy doctrine is not a vehicle for imposing English legal concepts. The rule respects the autonomy of customary law. The court will apply the custom as proved. The principle is well-established.
