Surmounting The Jurisdictional Challenges Of The Customary Court Of Appeal In Benue State, Nigeria
Abstract:Prior to the advent of the Europeans in Nigeria, there exist customs which the people regard as binding hence the evolution of customary law. Also, methods of resolving dispute among members of indigenous communities equally emerged. Nonetheless, the colonialist introduced its own judicial system. This system subsists till the coming into being of the 1979 Constitution of the Federal Republic of Nigeria wherein the Customary Court of Appeal and the Sharia Court of Appeal where introduced for States where same is desired. These courts were also provided for under the current Constitution. This article is motivated by the need to find solutions to the issues relating to the exercise of the jurisdiction of the Customary Court of Appeal. It was found that the interpretation of Section 247 of the 1999 Constitution of the Federal Republic gives room for litigants to challenge the jurisdiction of the Customary Court of Appeal especially in Benue State. One of the major recommendations made is Constitutional/statutory re-enactments in order to expand the scope of the Customary Court of Appeal in the interest of the preservation of customary laws in Nigeria.
Download File [ 1.56 MB ]