Toward interest the Ultimate Courtroom, brand new top legal did not allow the pronouncement towards the “Oli-ekpe” personalized to stand
In almost any official proceeding where any individualized is actually relied on, it will not be enforced while the law in case it is contrary to help you societal rules, or perhaps is maybe not prior to absolute justice, collateral and an excellent conscience.
For-instance, during the Mojekwu v Mojekwu brand new Court out-of Focus proclaimed the brand new “Oli-ekpe” custom of your own Nnewi people of Nigeria becoming discriminatory. It customized lets a brother to top 10 free dating site usa help you inherit their late brother’s house toward exception of the latter’s wife and you will females pupils. 94 Tobi JCA queried the fresh “Oli-ekpe” customized and you will considered it to be repugnant to help you sheer fairness, collateral and you can a great conscience, and you will contradictory “which have collateral and fair gamble within the an enthusiastic egalitarian people . where in actuality the civilised sociology will not discriminate up against girls.” 95 It’s listed that repugnancy point spent my youth and decided suo motu from the Court of Appeal. They proceeded so you’re able to disapprove from it because unwarranted about issues of the case. 96 It stored you to definitely “new court less than was at error to increase, contract and determine the difficulty about the repugnancy of the ‘oli-ekpe’ personalized away from Nnewi suo motu as opposed to reading from the people.” 97 In Ukeje v Ukeje, not, the fresh new Finest Courtroom pronounced the same individualized becoming discriminatory and you can unconstitutional and you may kept best out-of a girl son so you’re able to inherit qualities. 98