International records / OpenAlex research

Repugnancy Doctrine and Customary Law in Nigeria: A Positive Aspect of British Colonialism.

The doctrine of repugnancy owes it origin to the medieval period and evolution of English equity. The doctrine was introduced into Nigeria by the end of the 19th century via the received English laws to test our customary law for acceptability. The issue has been whether the application of the doctrine by Nigerian courts has an ‘English colouring' as a result of colonization. This paper argues that equity did not originate from England; it is a universal concept of what is ‘good, just and fair', which is consistent with. S. 36(1) of the 1999 Nigerian constitution. The problem with our customar…