No clear definition of customary law has been developed by the courts nor has there been any systematic development of this subject. There has been a conflict between the demands of customary law on the one hand and the imperatives of human rights, on the other hand.
Customary law tends to be insensitive to gender equity.
Modern constitutional and international law instruments emphasize the rights and equality of all persons irrespective of gender. How this contradiction is handled by the local courts is of great interest to Afronet. There is no doubt that these provisions are rooted in the colonial past. Many factors led to this development. The notion of the separation of powers did not have the force of constitutional backing.