Repugnancy Test and Customary Criminal Law in Nigeria: A Time for Re-Assessing Content and Relevance

Abstract

Before the advent of Colonial Rule in Nigeria, the traditional communities had Customary Criminal Policies with which they regulated anti-social behaviours of members using the tool of punishment which was either prohibitive or retributive but essentially restorative. Sentencing and punishment at Customary Criminal Law as well as the English Criminal Law system were largely pre-determined but unlike the English system which allowed for a considerable measure of discretion and flexibility, the Customary Criminal Law seemed to be fixed and relatively immutable. The process for determining the abolition or rejection of perceived unwholesome or inhuman Customary Law on the ground that it is obnoxious is what is now very popularly known as the Repugnancy Test. The purpose of the paper is to consider the Repugnancy doctrine, its brief background, rationale, benefits and its applicability or place in our Customary Criminal Law Jurisprudence.