Chief Olanrewaju, a prominent cocoa merchant in Ibadan, Oyo State, entered into a commercial contract with Apex Holdings Ltd for the lease of agricultural land. The contract stipulated that any dispute arising therefrom would be resolved in accordance with 'local Yoruba native law and custom'. Following a breach of contract by Apex Holdings Ltd, Chief Olanrewaju instituted an action at the High Court of Oyo State. Apex Holdings Ltd contends that: (i) Received English Law automatically overrides Yoruba Customary Law in all commercial transactions. (ii) The customary rule relied upon by Chief Olanrewaju is invalid because it has not been codified in an Act of the National Assembly. (iii) Any decision of the High Court of Oyo State can be directly appealed to the Supreme Court of Nigeria. You are required to advise the parties by answering the following questions: (a) Explain the concept of Received English Law in Nigeria, detailing its THREE main components and the general cut-off date applicable to statutes of general application. (8 Marks) (b) Examine the THREE validity tests that any rule of Customary Law must satisfy under Nigerian jurisprudence before a court of law will enforce it, evaluating Apex Holdings Ltd's contention in (ii). (6 Marks) (c) Clarify the hierarchy of courts in Nigeria from the High Court of Oyo State to the apex court, and explain how the doctrine of stare decisis applies between these courts, thereby addressing Apex Holdings Ltd's assertion in (iii). (6 Marks) [Total: 20 Marks]
A
B
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D