Every student of law must have come across the phrase; “repugnant to natural justice”. It is out of it that the term “repugnancy test” came about.
This repugnancy test is to the effect that every law, custom and tradition of every cultural society in Nigeria must be subjected to a validity test which is checks and balances and such culture and tradition should only be applied if after being subjected to the test it passes it with flying colours but should be discountenanced if after subjected to the test it failed the test partially or woefully.
The repugnancy test is the process of determining the acceptance/ adoption/ validity of a customary rule or the abolition/rejection of perceived unwholesome or inhuman Customary law on the ground that it is obnoxious, discriminatory and inhumane, therefore repugnant to natural justice, equity and good conscience.
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This doctrine postulates that the courts of law shall neither apply nor enforce any customary law rule or traditional norm if it is contrary to public policy, in conflict with the constitution or repugnant to natural justice, equity and good conscience.
What then is repugnant to natural Justice; repugnant to natural justice simply means that customary law, culture or traditional rule of society in Nigeria that is inhuman and obnoxious should not be applied or enforced or given validity in the court of law. For instance, the customary law of the Ikwerre people of Rivers State and other neighbouring societies that postulated that a girl child is prohibited from inheriting her parent’s property on the bases that she’s a girl child is repugnant to natural justice equity and good conscience and so it has been held by the Supreme Court of Nigeria.
In the landmark case of Ukeje v. Ukeje (2014) 11 NWLR (PT.1418) 384, The Supreme Court of Nigeria voided this tradition and custom of the Ikwerre people prohibiting a girl child from inheriting the parent’s estate on the grounds that this custom is discriminatory and in conflict with the provision of s.41(2) of the constitution of the Federal Republic of Nigeria, therefore it is repugnant to natural justice, equity and good conscience.
The repugnant test has since become a popular principle in the Nigerian legal system and has been adopted in a plethora of cases/ instances and it is of the unwavering opinion that every custom and tradition be subjected to checks and balances to ensure that it is not discriminatory or against public policy before such custom will be applied, enforced and given validity by the courts of law in Nigeria.
In conclusion, this doctrine prescribes that the courts shall not enforce any customary law rule if it is contrary to public policy or repugnant to natural justice, equity and good conscience.