AN APPRAISAL OF THE JURISDICTION OF THE CUSTOMARY COURT OF APPEAL

ATTENTION:

BEFORE YOU READ THE ABSTRACT OR CHAPTER ONE OF THE PROJECT TOPICS BELOW, PLEASE READ THE INFORMATION BELOW.THANK YOU!

INFORMATION:

YOU CAN GET THE COMPLETE PROJECT OF THE TOPIC BELOW. THE FULL PROJECT COST N5,000 ONLY. THE FULL INFORMATION ON HOW TO PAY AND GET THE COMPLETE PROJECT IS AT THE BOTTOM OF THIS PAGE. OR

YOU CAN CALL: 08068231953, 08137701720, 09070569307, 08154275408

WHATSAPP US ON: 08137701720

AN APPRAISAL OF THE JURISDICTION OF THE CUSTOMARY COURT OF APPEAL

CHAPTER ONE

INTRODUCTION

BACKGROUND OF THE STUDY

The High Court of a State and the Customary Court of Appeal of a State share certain common features: they are superior courts of record and coordinate jurisdiction, established by the Constitution and by Statutes, and have appellate jurisdiction. However, they also have differences. For example, whereas the High Court has both original and appellate jurisdictions, the Customary Court of Appeal essentially possesses only appellate jurisdiction. The High Court has jurisdiction to hear and determine civil or criminal causes and matters , while the jurisdiction of the Customary Court of Appeal is, as its name implies limited to ‘civil proceedings involving questions of customary law.’ The Constitution makes the establishment of a High Court mandatory, whereas, for the Customary Court of Appeal, it is left ‘for any State that requires it.’ By implication, a State may choose to abolish the Customary Court of Appeal that it has established. A contending issue on the question of appellate jurisdiction of the High Court and the jurisdiction of Customary Court of Appeal (CCA), is when an appeal arises from a decision of a lower court (in particular, an area or customary court) on a question of customary law: do the High Court and the CCA have concurrent jurisdiction to hear and determine such an appeal or is it within the exclusive jurisdiction of the CCA? The purpose of this study is to critically examine, from mainly statutory sources, the jurisdictions of the two courts to determining whether or not there is any likelihood of conflict between them, and if so, how to resolve the problem. The study shall focus on Northern Nigeria and Plateau State in particular.

Section 272 (1) and (2) of the Constitution of the Federal Republic of Nigeria 1999 provides for the general jurisdiction of the High Court of a State:

(1) Subject to the provisions of section 251 and other provisions of this Constitution, the High Court of a State shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.

(2) The reference to civil or criminal proceedings in this section includes a reference to the proceedings which originate in the High Court of a State and those which are brought before the High Court to be dealt with by the court in the exercise of its appellate or supervisory jurisdiction

Section 274 of the Constitution empowers the Chief Judge of a State to make rules for regulating the practice and procedure of the court, but this is subject to the provisions of any law made by the House of Assembly of a State. Concerning the jurisdiction of the Customary Court of Appeal of a State, Section 282 (1) and (2) provides:

(1) A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involving questions of customary law.

(2) For this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and decide such questions as may be prescribed by the House of Assembly of the State for which it is established.

Subject to the provisions of any law enacted by the House of Assembly of the State, the

President of the CCA ‘may make rules for regulating the practice and procedure of the Customary Court of Appeal.’

STATEMENT OF THE PROBLEM

Before the advent of colonial rule, the entities that would later be merged to become Nigeria had been having their laws and legal systems for the administration of justice. During colonial rule, the colonial authorities established different types and grades of native courts, whose jurisdictions and powers were regulated by statutes. Whereas the various courts were empowered to apply native law and custom in the adjudication of cases, such laws and customs must ‘not be repugnant to natural justice, equity, and a good conscience and not incompatible with relevant statutes.’ Traditional leaders were instructed to refer disputes involving natives and non-natives to the Governor. With further reforms of the legal system, the courts could exercise jurisdiction in both civil and criminal cases between ‘natives’ and ‘non-natives’ who consented to submit to the jurisdiction of such courts.

SIGNIFICANCE OF THE STUDY

This research provides more information for future researchers.

OBJECTIVE OF THE STUDY

To understand the importance of the jurisdiction of the customary court of appeal in court cases.

LITERATURE REVIEW

Ameh S.A 2012 maintains that independence of the judiciary is an arm of Government in which the courts in modern era should have freedom to adjudicate without any person interfering. He excludes financial independence because the judiciary relies on fund appropriated annually by the legislature.

Yakubu J.A (2003) maintains that a country is governed through law hence each government should respect rights of every individual through the rule of law. Besides, effective instruments should be provided to enforce the law. He adds that judges need proper guidance of the rule of law which they are to use to insulate and enforce fearlessly and without any encroachment by party politics or any government that intervenes. The contrary, according to him must be resisted. Lawyers globally protect the independence attached to their profession and uphold protection of rights of the people embedded in the rule of law while ensuring that application of fair hearing is sacrosanct because every individual is entitled to it. With reference to declaration of Delhi of January 1959 which affirmed Act of Athens, the author adds educational and cultural framework to civil and political right.

A. Akintola (2010) maintains that separation of powers is an attribute of the rule of law. When adjudicating, law should be separated from government, politics and religion. This will give room for the purpose of law to be achieved as regulator of powers of the government.

Rout, S.K. and Morthy, P (2017) argue that good governance survives when the rate of corruption is infinitesimal. He points out that in history of the world, corruption is manifested in every state of civilization. Relying on Kantiliya’s Arthasastra and Aristotle’s postulations that corruption adversely affects a nation and every poor person. It is much pervasive in every society. It is manifested in the rate of employment and affects the poor severely. He maintains that good governance needs fair legal regimes that are enforced without partiality. Besides, there should be independent judiciary and the police force that is impartial and incorruptible which are dreams of most societies.

Jibuze, J (2 016) writing on corruption in the judiciary maintains that there is no other ugly thing or dangerous thing than corruption by a Judge. It is a sacred duty to be dispensed with trust. Corruption in dispensation of justice affects people’s confidence and it is dangerous in maintenance of peace and stability of a nation. For a judge to be Corrupt after taking oath against favouritism and justice and even fearlessly, it is a shame and disgrace to the builders of the legal profession.

HOW TO RECEIVE PROJECT MATERIAL (S)

After paying the appropriate amount (#5,000) into our bank Account below, send the following information to any of the numbers below

08068231953, 08137701720, 09070569307, 08154275408 (1) Your project topics

(2) Email Address

(3) Payment Name

OR you drop them on our WhatsApp, 08137701720

We will send your material(s) after we receive bank alert

BANK ACCOUNTS

Account Name: AMUTAH DANIEL CHUKWUDI

Account Number: 0046579864

Bank: GTBank.

Account Name: AMUTAH DANIEL CHUKWUDI