About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


20 Nigerian L.J. 108 (2017)
Revisiting the Effects of Colonialism on the Development of Customary Laws in Nigeria

handle is hein.journals/nlj20 and id is 112 raw text is: Revisiting the Effects of Colonialism on the Development of Customary Laws in Nigeria Oluwabusayo T. Wuraola* Hameenat Bukola Ojibara** Abstract Since the Common Law of England gained the force of law in Nigeria, customary laws have been described as archaic and barbaric. In order to be validly applied as a law, they have to undergo the repugnancy tests set out by the colonial masters. As a result, it is observed that the worth and application of customary laws seem to have diminished. The Common Law of England became applicable alongside statutory legislations and valid customary laws but the customary laws are only valid subject to passing the repugnancy tests set up by the colonial masters. The questions are: Why are customary laws inferior to English laws? Why customary laws are subjected to repugnancy tests for acceptability? This paper seeks to revisit the concept of colonialism and its sting on the development of customary laws and also examine the effects of the repugnancy tests on the development of these laws. 1. Introduction Customary laws are the organic or living laws of the indigenous people of Nigeria regulating their lives and transactions.' Nigeria is made up of different territories each distinct with its cultural identity, administrative rules and governance.2 In the Pre Colonial Lecturer, Department of Private & property Law, Faculty of Law, University of Ilorin, Ilorin. Kwara State. busayo joseph@yahoo.com Lecturer, Department of Private & property Law, Faculty of Law, University of Ilorin, Ilorin. Kwara State. hameenat05 @yahoo.com Ese Malemi, The Nigerian Legal Method (2nd Edition, Lagos Princeton Publishing Co., 2010). Here, custom was defined as a mirror of the culture of the people and customary law was described as that law which goes further and imports justice to the lives of those entirely subject to it. 2 John Ademola Yakubu, 'Colonialism, Customary Law & Post-Colonial state in Africa: The Case of Nigeria' (8-12 December 2002) Paper prepared for CODESRIA's 10th General Assembly on Africa in the New Millennium, Kampala, Uganda, p. 1