Bayelsa State Customary Court System
{{Short description|State courts of Bayelsa, Nigeria}}
{{primary sources|date=January 2025}}
{{Use Nigerian English|date=May 2023}}
{{Use dmy dates|date=December 2017}}
{{Infobox Political post
| post = President
| body = Bayelsa State Customary Court of Appeal
| insignia =
| insigniacaption =
| image =
| incumbent = Hon. Justice Daniel A. Ayah
| incumbentsince = 2009
| style = My Lord
{{small|(Informal)}}
The Honorable
{{small|(Formal)}}
Your Lordship
{{small|(When addressed directly in court)}}
| appointer = Nominated by Bayelsa State Governor with confirmation from the Bayelsa State House of Assembly
| Preceded by =
| formation = {{start date and age|2007|09||df=y|p=1|br=1}}
| inaugural = Hon. Justice Daniel A. Ayah
| department = Bayelsa State Judiciary
| nominator = Governor of Bayelsa State
| constituting_instrument = Nigerian Constitution
}}
Customary courts are the foundation of the state's judiciary, ensuring justice is based on local traditions and customs. These courts are the lowest courts in the Nigeria's judicial system and handle cases involving customary law, which reflects the traditions, values, and customs of the people, making justice more accessible and affordable.
The Customary courts of Bayelsa state deal with customary matters in Bayelsa State while The Bayelsa State Customary Court of Appeal is a superior court of record in Nigeria with appellate and supervisory jurisdiction over civil cases involving customary law in Bayelsa State. In September 2007, approval was granted for the establishment of the Bayelsa State Customary Court of Appeal. In 2013, thirteen legal practitioners were appointed as Chairmen of the Customary Court.{{Cite web |title=About Us |url=https://bayelsajudiciary.gov.ng/about-us/#:~:text=Judges.,the%20Customary%20Court%20in%202013. |access-date=2025-01-29 |website=Bayelsa State Judiciary |language=en-US}}
The Bayelsa State Customary Court of Appeal serves as a court of second instance, handling appeals from the customary courts of Bayelsa State and ensuring the proper interpretation and application of customary law. The court is led by a President, supported by judges whose number is determined by the Bayelsa State House of Assembly. Hon. Justice Daniel A. Ayah is the inaugural and serving President of the Bayelsa State Customary Court of Appeal, a role he has held since 2009.{{Cite web |last=admin |date=2023-12-21 |title=Bayelsa CJ, Customary Court of Appeal President appoints Registrars, others - Mangrove Pen |url=https://www.mangrovepen.ng/2023/12/21/bayelsa-cj-customary-court-of-appeal-president-appoints-registrars-others/ |access-date=2025-01-29 |website=www.mangrovepen.ng |language=en-US}}
Structure and jurisdiction
Bayelsa State has thirteen customary court areas,{{Cite web |title=Customary Courts |url=https://bayelsajudiciary.gov.ng/customary-courts/ |access-date=2025-01-29 |website=Bayelsa State Judiciary |language=en-US}} each designated to handle disputes within its locality. These areas include;
- Akassa
- Anyama
- Brass
- Ekeremor
- Ekowe
- Emeyal
- Kaiama
- Oloibiri
- Onopa
- Sagbama
- Okodia/Zarama/Biseni
- Amassoma
- Okolobiri.
Each customary court is presided over by a chairman,{{Cite web |title=Chairmen - Customary Court |url=https://bayelsajudiciary.gov.ng/chairmen-customary-court/ |access-date=2025-01-29 |website=Bayelsa State Judiciary |language=en-US}} assisted by other members who have expertise in the customary laws relevant to their communities.
= Jurisdiction =
Customary courts in Bayelsa State have jurisdiction over civil cases that fall under customary law. These include disputes related to marriage, inheritance, land ownership, and other communal matters that are traditionally governed by local customs.{{Cite journal |last=Honourable Justice Joseph |first=Otabor Olubor |date=2016 |title=CUSTOMARY LAWS, PRACTICE AND PROCEDURE IN THE AREA/CUSTOMARY COURT, AND THE CUSTOMARY COURT OF APPEAL |url=https://edojudiciary.gov.ng/wp-content/uploads/2016/10/Customary-Laws-Practice-And-Procedure-In-The-Area-Customary-Court-And-The-Customary-Court-Of-Appeal.pdf |journal=Edo State Judiciary |via=EdoState Judiciary}}
Bayelsa state customary court of appeal
The Bayelsa State Customary Court of Appeal is responsible for reviewing cases from the customary courts and overseeing civil proceedings involving customary law. It ensures the fair and consistent application of customary legal principles across the state.{{Cite web |title=Customary Court Decisions in South Western Nigeria |url=https://customarycourtcases.blog.yorku.ca/ |access-date=2025-01-29 |website=customarycourtcases.blog.yorku.ca}}
Objectives of the Bayelsa State Customary Court of Appeal
- To interpret and uphold the customs and traditions of the people of Bayelsa State in the administration of justice.
- To complement the role of the Bayelsa State High Court in ensuring effective justice delivery.{{Cite journal |last=Enyinna |first=NWAUCHE |date=2015 |title=Civil Questions Involving Customary Law as the Basis of Appellate Jurisdiction in Nigeria |url=https://journals.univ-danubius.ro/index.php/juridica/article/viewFile/2789/2380&ved=2ahUKEwjf15SgzK6NAxUJUkEAHZMfBII4ChAWegQIMRAB&usg=AOvVaw0HPLjN5SAd1SLkZTOjI5Q8 |journal=Journals.univ-danubius |volume=11 |issue=1 |pages=50 |via=ACTA UNIVERSITATIS DANUBIUS}}
=Appointment of the president and judges=
The President of the Bayelsa State Customary Court of Appeal is appointed by the Governor of Bayelsa State based on the recommendation of the National Judicial Council (NJC), following the advice of the Bayelsa State Judicial Service Commission. The appointment is subject to confirmation by the Bayelsa State House of Assembly.{{Cite web |title=Imo State Judiciary - Justice Chukwudifu Oputa High Court, off Port Harcourt Road, New Owerri Imo State |url=https://imojudiciary.gov.ng/courts/customary |access-date=2025-01-29 |website=imojudiciary.gov.ng}}
To be eligible for the position of President or Judge of the Customary Court of Appeal, the 1999 Constitution of Nigeria (as amended) requires that a candidate:
- Must have been a legal practitioner in Nigeria for at least ten (10) years with substantial knowledge and experience in customary law; or
- Must, in the opinion of the National Judicial Council, possess considerable expertise and practical experience in the application of customary law.
List of customary court of appeal judges
Here is a list of judges in the Bayelsa state customary court of appeal;{{Cite web |title=Judges of The Customary Court of Appeal |url=https://bayelsajudiciary.gov.ng/judges-of-the-customary-court-of-appeal/ |access-date=2025-01-29 |website=Bayelsa State Judiciary |language=en-US}}
| class="wikitable" style="font-size:95%;"
! Name ! Designation |
| Hon. Justice Daniel A. Ayah
|President of Bayelsa State Customary Court of Appeal |
| Hon. Justice Eneni O. Abraham
|Judge |
| Hon. Justice J. B. Egele
|Judge |
| Hon. Justice O. D. Etebu
|Judge |
| Hon. Justice David Opokuma
|Judge |
Constitutional provisions
The 1999 Constitution of Nigeria (as amended) provides the following guidelines regarding the Customary Court of Appeal:{{Cite web |title=Constitution of the Federal Republic of Nigeria |url=http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#CustomaryCourtofAppealOfAState |access-date=2025-01-29 |website=www.nigeria-law.org}}
Establishment
Each state that requires it shall have a Customary Court of Appeal. The Customary Court of Appeal of a state shall consist of:
- A President; and
- Such number of Judges as prescribed by the House of Assembly.
Appointment and tenure
- The President is appointed by the Governor on the recommendation of the National Judicial Council, subject to confirmation by the House of Assembly.
- Judges of the court are appointed by the Governor upon recommendation from the National Judicial Council.
- If the President’s office becomes vacant or the holder is unable to perform their duties, the Governor shall appoint the most senior Judge of the Customary Court of Appeal to act in that capacity.
- Such an acting appointment cannot exceed three months unless extended by the National Judicial Council.
Jurisdiction and functions
- The court exercises appellate and supervisory jurisdiction in civil cases involving customary law.
- The Bayelsa State House of Assembly may prescribe additional matters for the court’s jurisdiction.
Rule making authority
- The Customary Court of Appeal may establish rules to regulate its practice and procedures.
- The President of the Court may also issue such rules, subject to any laws enacted by the Bayelsa State House of Assembly.
See also
Understanding customary law
Customary law represents the indigenous legal system of a community, embodying its traditions, customs, and values. It can be either written or unwritten but remains a recognized source of law applied by courts to resolve disputes.
In Nigeria, customary courts play a vital role in settling customary and cultural civil matters, ensuring that legal decisions reflect the social norms and traditions of the people.{{Cite web |title=African Books Collective: The Role of Customary Courts |url=https://www.africanbookscollective.com/books/the-role-of-customary-courts |access-date=2025-01-29 |website=www.africanbookscollective.com}}