Omar Bennett
Customary law refers to a set of customs, practices, and beliefs that a community accepts as binding rules of conduct. The nature and judicial functions of customary courts vary across different countries. For example, in Nigeria, the Customary Court of Appeal is a Superior Court of Record established in 1991 with four zonal courts. It is composed of a panel of three judges, including a Chairman and two Members, all legal practitioners with at least five and two years of post-call experience, respectively. In South Sudan, customary law courts are presided over by traditional chiefs who issue rulings according to the customs, norms, traditions, and ethics of each ethnic group.
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What You'll Learn
Customary courts are presided over by traditional chiefs
Customary courts are an important part of the legal system in many countries, including Nigeria and South Sudan. These courts are typically established to enforce and ensure the observance of indigenous laws and customs, particularly at the local or regional level.
In South Sudan, the Transitional Constitution and the Local Government Act of 2009 recognise customary law courts and the role of traditional chiefs as presiding authorities. These chiefs issue rulings according to the customs, norms, traditions, and ethics of each ethnic group within their jurisdiction. The Local Government Act of 2009 outlines four levels of customary law courts, from "A" courts at the Boma level to "C" courts at the County level, which is the highest court for appeals. Notably, these customary courts do not have jurisdiction over criminal matters, except for specific cases with a customary interface referred by a Statutory Court.
In Nigeria, the Federal Capital Territory (FCT) Customary Court of Appeal was established in 1991 and is headquartered in Abuja. This court has jurisdiction over civil proceedings related to customary law and exclusive original jurisdiction over chieftaincy matters in the Federal Capital Territory. The FCT Customary Court of Appeal is composed of five judges, including its president, Honourable Justice Stanley Adekunle Lawal. Additionally, there are 43 Customary Courts spread across the six Area Councils of the Federal Capital Territory, each manned by a panel of three judges, consisting of a Chairman and two Members who are legal practitioners.
The composition and structure of customary courts vary, but they generally include a presiding authority, such as a traditional chief, and a panel of judges or members with legal expertise. These courts play a crucial role in delivering swift justice and handling a significant proportion of disputes within their respective jurisdictions.
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The Local Government Act 2009 outlines four levels of customary law courts
The Local Government Act of 2009 outlines four levels of customary law courts, which are recognised alongside the role of traditional authority. Traditional chiefs preside over these courts, issuing rulings according to the customs, norms, traditions, and ethics of each ethnic group. Customary courts are known for their swift delivery of justice, handling an estimated 90% of disputes in the country.
The "C" courts, at the County level, are the highest courts and hear appeals from "B" courts. These "B" courts are at the Payam level and are equivalent in competence to the Town Bench courts, which are at the town level. Decisions made by the Town Bench courts can be appealed against before a County Judge of the First Grade. Finally, there are the "A" courts at the Boma level, which primarily deal with family and marital issues.
While the Customary Courts do not have jurisdiction over criminal matters, they may handle such cases with a customary interface, but only after being referred by a Statutory Court. The Act does not define the criminal cases that fall under this category.
In Nigeria, the nature and functions of customary courts are outlined in the 1999 Constitution of the Federal Republic of Nigeria. These courts are described as Inferior Courts of Record as the State Houses of Assembly have the power to create them.
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Customary courts are manned by a panel of three judges
Customary courts are typically presided over by traditional chiefs who issue rulings according to the customs, norms, traditions, and ethics of each ethnic group. In the case of the FCT Customary Court of Appeal, the court is manned by a panel of three judges, which is the quorum. Each court is composed of a Chairman and two Members who are legal practitioners with at least five and two years of post-call experience, respectively, at the time of their appointments. This composition of the court is intended to guard against arbitrariness and guarantee thoroughness in the proceedings and decisions of the Court.
The number of judges required to constitute a chamber is determined by the court, with the approval of the parties involved. For instance, the Statute of the Court of Justice allows for a quorum of nine judges to constitute the court, while also allowing for chambers composed of three or more judges to be formed for dealing with particular categories of cases.
In contrast, the International Court of Justice (ICJ) is composed of a panel of fifteen judges elected by the UN General Assembly and Security Council for nine-year terms. The ICJ's predecessor, the Permanent Court of International Justice (PCIJ), was established by the League of Nations in 1920 and was composed of judges elected by both the council and the assembly of the league concurrently but independently.
The Customary Court of Appeal in Abuja, Nigeria, has a full complement of five judges, allowing for the composition of panels that can sit simultaneously on appeals against judgments and other decisions of the Customary Courts. These courts are established to enforce and ensure the observance of indigenous native laws and customs of Nigerians, irrespective of their places of origin, birth, nationality, or religion.
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The courts enforce indigenous laws and customs of Nigerians
Customary law refers to a set of customs, practices, and beliefs that a community accepts as binding rules of conduct. In the Nigerian legal system, customary courts are established by the 1999 Constitution of the Federal Republic of Nigeria and the Local Government Act of 2009. These courts are presided over by traditional chiefs who issue rulings according to the customs, norms, traditions, and ethics of each ethnic group.
The Customary Court of Appeal in the Federal Capital Territory of Abuja is a Superior Court of Record established in 1991. This court has jurisdiction over civil proceedings relating to customary law and exclusive original jurisdiction over chieftaincy matters in Abuja. The Customary Court of Appeal is headed by a president and composed of five judges, allowing for panels to sit simultaneously on appeals against judgments and decisions of the Customary Courts. There are forty-three Customary Courts across the six Area Councils of the Federal Capital Territory, each manned by a panel of three judges, including a chairman and two members who are legal practitioners.
The Customary Courts in Nigeria enforce and ensure the observance of indigenous laws and customs, irrespective of Nigerians' places of origin, birth, nationality, or religion. These courts handle an estimated 90% of disputes in the country, delivering swift justice without the bottlenecks of the regular judicial system. The Local Government Act of 2009 provides four levels of customary law courts, with "C" courts at the County level being the highest and "A" courts at the Boma level, dealing primarily with family and marital issues.
The composition and quorum, appointment of members, tenure, dismissal, and immunity of members of the Customary Courts are detailed in relevant legislation. These courts play a vital role in administering justice and ensuring the preservation of indigenous customs and laws within the Nigerian legal framework.
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Customary courts handle 90% of disputes in the country
Customary law refers to the set of customs, practices, and beliefs that a community accepts as binding rules of conduct. In many countries, customary laws are recognised and enforced by customary courts. These courts are often established by the constitution or relevant legislation, such as in Nigeria, where the Federal Capital Territory Customary Court Act 2007 created the Customary Court of Appeal in Abuja. This court has jurisdiction over civil proceedings relating to customary law and exclusive original jurisdiction over chieftaincy matters in the Federal Capital Territory.
The structure and composition of customary courts can vary, but they typically consist of a panel of judges or members with legal expertise. In Nigeria, for example, the Customary Courts are manned by a panel of three judges, including a Chairman and two Members who are legal practitioners with the required years of experience. Similarly, the Customary Court of Appeal in Abuja is headed by a President and has a full complement of five judges to handle appeals and other decisions of the lower customary courts.
The jurisdiction of customary courts also differs based on the country and applicable laws. In South Sudan, the Local Government Act of 2009 provides for four levels of customary law courts, ranging from "A" Courts at the Boma level to "C" Courts at the County level. While these courts handle a range of disputes, they do not have jurisdiction over criminal matters except for those cases with a customary interface referred by a Statutory Court.
Customary courts are known for their swift dispensation of justice, often free from the bottlenecks experienced by the regular judicial system. This efficiency contributes to their high caseload, handling an estimated 90% of disputes in countries like South Sudan. They apply the customs, norms, traditions, and ethics of the respective communities they serve, ensuring that justice is delivered in a contextually appropriate manner.
The recognition and utilisation of customary courts vary across nations. While some countries, like South Sudan and Nigeria, have integrated them into their legal systems, others may have different approaches. Customary courts play a vital role in providing accessible and culturally sensitive justice, particularly in communities where formal state legal systems may not have a strong presence or understanding of local customs and traditions.
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Frequently asked questions
The members of a customary court are a Chairman and two Members, all legal practitioners with at least five and two years of post-call experience, respectively, at the time of their appointments.
Customary courts enforce and ensure the observance of indigenous native laws and customs of Nigerians irrespective of their places of origin, birth, nationality, or religion. They are intended to deliver swift justice without the bottlenecks of the regular judicial system.
Customary courts have jurisdiction over civil proceedings and disputes relating to customary law. They do not have jurisdiction over criminal matters except for cases with a customary interface and only after being referred by a Statutory Court.
