The Nature, Types and Jurisdiction of Customary Courts in The Nigeria Legal System

Abstract

This paper discusses the nature, types and jurisdiction of Customary Courts in the Nigeria legal System. It gives us an insight into the historical background and development of customary Courts in Nigeria, which started with the Native Courts before the arrival of the colonial legal system. It also talks about the modern position on establishment and constitution of customary courts which powers are derived from the 1999 Constitution of the Federal Republic of Nigeria, even though they are described by section 6 of the 1999 Constitution as Inferior Courts of Record for the fact that the Constitution empowers the State Houses of Assembly to create them. The nature and judicial functions of the Customary Courts are discussed in full details in this paper, and a notable feature of the customary courts in the exercise of their judicial functions is that they do not apply the Evidence Act and other statutory laws unless authorized by Law as we will see in full details of this paper. The customary Courts ensure quick dispensation of justice without recourse to the rigours and technicalities of the common law. The composition and quorum, appointment of members, tenure of office of a member, dismissal of members, immunity of members of this court are fully explained in this paper. Special reference is made to a large extent in this paper to Lagos and Enugu States of Nigeria. The types of customary courts with their various jurisdiction over issues are also listed and discussed. Lastly, it is recommended that the concept of tenure for members of customary courts should be done away with in Nigeria, while permanent and pensionable roles be assigned to them.

Keywords :    Customary Court, Jurisdiction, Members of customary Court, S.H Makeri,

President of the Customary Court, 1999 Constitution of Federal Republic of

Nigeria, Native Courts, Area Courts, Sharia Court, historical development,

Nature, judicial function, appointment, tenure, dismissal, immunity, appeal.