Why Africanist Judges Must Trash Repugnancy Tests
Kabazzi Maurice Lwanga
The theme is that the doctrine of repugnancy via customary law is irrational and must be abandoned. The repugnancy doctrine was used as a hegemonic control of African laws. It lacks clear guidelines for the invalidation of customary law. This note argues that the repugnancy test has no doctrinal value and normative standards capable of articulation. Otherwise, the judges’ power under Article 126 (2) (e) of the Ugandan Constitution to administer justice in accordance with the aspirations and values of the people need to be guided in respect to customary law. It concludes that the retention of the repugnancy principle is unconstitutional and should be replaced by judicial flexibility applying the National Objectives and Directive Principles of State policy under the 1995 constitution.
Defending The Right To Love: A Case For Registration Of Customary Marriages
Lawrence Alado and Reagan Siima Musinguzi
Customary marriages occur frequently in Uganda, but the
inability to prove these marriages has resulted in many parties
being unfairly deprived of the benefits and rights that come
with being legally married. This paper argues for the
mandatory registration of customary marriages to safeguard
these rights. The authors conduct a comprehensive analysis of
the existing frameworks governing customary marriages by
identifying the gaps within the framework, examining the
advantages that would arise from mandatory registration,
addressing potential challenges, and outlining how the
registration process should be carried out. The authors
contend that the failure to mandate registration denies
spouses and their offspring the rights that they are entitled to
as a result of their marriage.
The Right To Family Life In Armed Conflicts Situations
Olaitan O. Olusegun
Armed conflicts signify anarchy, chaos and confusion with various effects on all parts of the society, including the family. The Universal Declaration of Human Rights in Article 16(3) recognises the family as the fundamental unit of the society. Families are disrupted in periods of war and conflict, which affects the social, economic and emotional support provided to individuals going through difficult times. This paper discusses war and conflict, the extent of damage done to the family and the implications for nations. The legal framework which seeks to protect the family and steps which should be taken in preserving the family in war and conflict are also discussed. It concludes by recommending measures that should be adopted to preserve families during conflicts such as re-establishment of family links upon the cessation of conflicts, family reunification, marriage counselling and provision of basic needs of families. This way, the value of families will be preserved and sustained in society.
African Charter On Human And People’s Rights: An Appraisal Of The Freedom To Practise Any Religion In Nigeria
Tayewo A. Adewumi & Oluwayemi O. Ogunkorode
On 5 April 2022, a Kano State High Court sentenced Mubarak Bala, to twenty-four years’ imprisonment for blasphemy. Nigeria is a multi-religious society consisting of Christians, Muslims, and the traditionally religious people of Nigeria. This article seeks to examine the relationship existing between society, the law, and religion. It analyses the study of society, the law, and religion putting into consideration the provisions of the African Charter on Human and People’s Rights and that of the Nigerian Constitution. The question to be answered in this article is whether there is true freedom of religion in Nigeria considering the provisions of our criminal law on blasphemy. A further question that begs for an answer is who is the victim of the offence of blasphemy in Nigeria and why are there different sets of laws operating in Nigeria? This article observes that provisions of the Nigerian Criminal Code, the Penal Code, and the Northern Nigeria Sharia law on blasphemy negate the provisions of the Nigerian Constitution and the African Charter on Human and People’s Rights on the freedom of religion. It concluded that religious tolerance is the major factor needed to ensure true freedom of religion in Nigeria.