Abstract

Introduction The tests for validity of Yoruba Customary Law of distribution of interstate property are the same applied to all other customary laws in Nigeria. These tests are the repugnancy, the compatibility and the public policy tests. The term “repugnancy to natural justice equity and good conscience” seems in-precise in meaning. The affiliated concepts “natural justice” and “equity” has its fairly well understood technical meaning while ‘good conscience’ is a universal principle that is easier sought than realized . The expression-“justice, equity and good conscience” was of Roman-colonial origin. This expression was first applied in England as a standard, though, external to positive law. Hence, it was stated in the British Act of Succession 1536 that the succession of the bastered Elizabeth notwithstanding positive law on the subject would be against all honour, equity, reason and good conscience. The provisions of the Supreme Court Ordinance stipulates that the rules of customary law will always be enforced by the courts if such rules are not repugnant to natural justice, equity and good conscience have resulted in many problems of statutory interpretation. This particular provision provided for good conscience or incompatible with any ordinance for the time being in force. There is a third concept which was confined to the provision of the Evidence Act only. The Act stated that the enforcement of rules of Native Law and Custom that were not repugnant to natural justice, and equity and is not contrary to public policy. Hence, a discussion of this statutory limitation on the application of customary laws may be conveniently divided into the following three headings, namely: (1) Repugnancy to natural justice, equity and good conscience; (2) Incompatibility with statute; and (3) Contrary to public policy.