Tau Legal

04/07/2023

Thrilled to see the publication of my article in the Scopus-indexed African Journal of Legal Studies: 'Sustainable Internal Security in Nigeria: Any Role for International Human Rights Law'.

Abstract Since Nigeria’s restoration to democracy in 1999, the country has never faced the same level of internal security threat as it does now, including threats from Boko Haram rebels, herdsmen and bandits. This paper argued that the problem of internal insecurity in Nigeria is a symptom of a f...

11/08/2020

Oli Ekpe Custom of Nnewi People in Anambra State

There is a custom in Nnewi, Anambra State, called Oli ekpe. According to this custom, women are excluded from inheriting landed property. Thus, if a man dies his property belongs to his male issue or his brother if the deceased has no male child. Women are completely excluded from inheriting the property of the deceased.

In Mojekwu v Mojekwu, the Court of Appeal declared that Oli ekpe which bars women from inheriting landed property is repugnant to natural justice, equity and good conscience. The court struck down the custom.

There was a World Conference on Women in Beijing, China, in 1995. Mojekwu v Mojekwu came to the Court of Appeal during the period. Thus Justice Niki Tobi, J. C. A (as he then was) would say, ‘We need not travel all the way to Beijing to know that some customs … are not consistent with our civilised world in which we all live today, including the appellant. In my humble view, it is the monopoly of God to determine s*x of a baby and not the parents. Although the scientific world disagrees with this divine truth, I believe that God, the creator of human beings, is also the final authority of who should be male and female. Accordingly, for a custom or customary law to discriminate against a particular s*x is to say the least an affront on the Almighty God Himself. Let nobody do such a thing. On my part, I have no difficulty in holding that the Oli ekpe custom is repugnant to natural justice, equity and good conscience’.

01/08/2020

In Agidigbi v Agidigbi, the Supreme Court of Nigeria says that the Bini Customary rule of inheritance which provides that that the eldest son exclusively inherits the personal living house of his father is a valid law.

Customary law is recognised by the Nigerian Constitution.

But for a custom to be considered valid and therefore enforceable by the courts as a customary law, it must satisfy three major tests.

The tests are:
(1) it must not be repugnant to natural justice, equity and good conscience
(2) it must not be incompatible with any law that is in force in Nigeria
(3) it must not be contrary to public policy.

It is for the above reason that the court would say in Lewis v Bankole that 'if a native law or custom is found to be repugnant to fundamental rules of equity, it is absolutely the duty of the court to ignore it'.

Also, in Eleko v The Officer Administering the Government of Nigeria the Privy Council reasons that the 'the court cannot itself transform a barbarous custom into a milder one. If it still stands in its barbarous character it must be rejected as repugnant to natural justice, equity and good conscience'.

Based on the above repugnancy test, the Court in Nzekwu v Nzekwu would frown and consider as unlawful a custom common among many Igbo communities. According to this custom, the head of a deceased husband's family is permitted to singlehandedly do away with the property of the deceased while the wife is still alive. The court rules that this custom is repugnant to natural justice, equity and good conscience.

01/08/2020

Do you know that the Nigerian law is derived from the following sources: the English Law, legislations by the National Assembly and State Houses of Assembly, Case Law (laws 'made' by courts), Customary Law, Islamic Law and International Law?