LAGOS STATE CUSTOMARY COURT LAW

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

CUSTOMARY COURTS LAW

ARRANGEMENT OF SECTIONS

1.       Establishment of Customary Courts

2.       Composition of Customary Courts

3.       Appointment of members, etc

4.       Seal of the Customary Court

5.       Qualifications of members

6.       Tenure of office of members

7.       Disqualification and removal of members

8.       Quorum and voting

9.       Conditions of service of members

10.     Powers of members

11.     Remuneration and allowances of members

12.     Decorum, dress, etc.

13.     Oath of members

14.     Presiding in Customary Courts

15.     Sessions of Customary Courts

16.     Court open throughout the year: times of sitting

17.     Protection of members of the Court

18.     Appointment and control of Court Clerks and other officers

19.     Court Clerks

20.     Bailiffs and messengers

21.     General jurisdiction

22.     Civil jurisdiction

23.     Power to increase jurisdiction

24.     Oath requirement

25.     Applicable Law

26.     Appropriate Customary Law

27.     Place of trial

28.     Guardianship of children

29.     Practice and Procedure

30.     Representation before a Customary Court

31.     Open Court

32.     Decision to be in writing

33.     Power to summon witnesses

34.     Execution of judgments

35.     Execution of orders of other Courts

36.     Power to grant injunction or impound property

37.     Transfer of causes or matters

38.     Right of appeal to Magistrates’ Court

39.     Inspection

40.     Supervision and control of Customary Courts

41.     Contempt

42.     Obstruction of justice

43.     Adjudication without authority

44.     Prohibition of fines in excess of those authorised

45.     Rendering false returns

46.     Falsification of the record of proceedings

47.     Rules of Court

48.     Transitional provisions

49.     Abolition of cadres of Customary

50.     Repeal

51.     Interpretation

52.     Citation and commencement

CUSTOMARY COURTS LAW

A LAW TO PROVIDE FOR THE ESTABLISHMENT OF CUSTOMARY COURTS, ADMINISTRATION OF JUSTICE UNDER CUSTOMARY LAW AND FOR CONNECTED PURPOSES

[Commencement]                                                           [1^st August 2011]

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:

1.      Establishment of Customary Courts

The Lagos State Judicial service Commission (referred to in this Law as “the Commission”) shall establish Customary Courts acting on the recommendation of the Attorney-General, subject to the approval of the Governor.

2.      Composition of Customary Courts

(1)     The Composition may on the recommendation of the Attorney-General, at any time vary the number of Customary     Courts by a notification in the State Official Gazette from time to time.

(2)     A Customary Court is properly constituted with a minimum of three (3) members and a maximum of five (5)       members, ne of whom shall be the President.

3.      Appointment of members, etc.

The Commission shall have power to –

(a)     appoint as many members to the Customary Courts as may be required from time to time, by legal notice in the Lagos      State official Gazette; and

(b)     dismiss or exercise disciplinary control over such members.

4. Seal of the Customary Courts

(1)     A Customary Court shall have and may use an official sea; bearing the device and impression approved by the      Commission with the inscription “The Customary Court of Lagos State”.

(2)     The seal shall be kept by the President within the Court and he may entrust the seal or its copy to such officers of the       Court as he thinks fit.

(3)     The seal referred to in this section shall be the seal of the Customary Court for all purposes for which it may be         required under the provisions of this or any other law.

5.      Qualifications of members

A person shall be qualified to hold office as President or member of a Customary Court if he is-

(a)     a person of proven character and good standing in the society;

(b)     a person of adequate means;

(c)     properly placed by his circumstances to perform the functions as a member of the Customary Court;

(d)     a person with educational qualification not below school certificate; and

(e)     has attained the age of fifty (50) years.

6. Tenure of office of members

The office of a member of the Customary Court shall be by appointment for a renewable term of five (5 years and shall not be pensionable.

7.      Disqualification/removal of members

(1)     A person shall be disqualified from holding office as President or member of a Customary Court, if-

(a)     in the opinion of the Commission, he is mentally impaired or otherwise unable or unfit to discharge the functions of a president or member of the Court;

(b)     he has been convicted of an offence which involves fraud, dishonesty or moral turpitude; and

(c)     for reason of indiscipline and misconduct, the Commission determines that a president or member be removed from office.

(2)     The dismissal of a president or a member shall be published in the State’s Official Gazette.

8.      Quorum and voting

(1)     For the purpose of hearing any case in a Customary Court, three (3) members shall form a quorum.

(2)     In all causes before a Customary Court, the opinion of the majority of the members hearing the cause shall, in the     event of the members disagreeing, be deemed and taken to be the decision of the Court.

(3)     In the event of an equality of votes, the President shall exercise a casting vote.

9. Conditions of service of members

The Commission may by regulations make provisions for the-

(a)     terms and conditions of service;

(b)     salaries, allowances or fees to be paid, if any; and

(c)     leave and other benefits, of members of Customary Courts.

10.    Powers of members

Each member of the court shall have equal power, authority and jurisdiction as conferred on him by his appointment and subject to any special provision under this Law.

11.    Remuneration and allowances of members

(1)     All local government councils shall fund the payment of the salaries, allowances and remuneration of customary courts      and their members, and defray expenditure necessary to provide for the other benefits and facilities which shall be a      charge on the revenue due to the local government councils in any appropriate year.

(2)     The State Government shall make contribution to the upkeep and maintenance of the Customary Courts where          necessary.

12.    Decorum, dress, etc.

(1)     Notwithstanding any Law or custom to the contrary, the members of the Customary Courts of the state shall be        addressed as “Your Worship”.

(2)     Members when in Court shall be dressed in a dignified manner.

(3)     The commission shall be responsible for ensuring good conduct and discipline of Customary Court members.

13. Oath of members

On appointment to the Customary Court, a member shall take an oath of affirmation which shall be administered by the Chief Judge, before proceeding to discharge the duties of his office.

14. Presiding in Customary Courts

(1)     Any person appointed a Justice of the Peace shall qualify to be President of the Customary Court.

(2)     Where the President is absent at the commencement of the hearing of a case or matter, the members of the Court     shall select one of themselves to preside over the hearing of the cause or matter.

15.    Sessions of Customary Courts

The Commission may direct that the Court shall hold sessions at a designated building and such session be held at such time as it deems fit.

16.    Court opens throughout the year: times of sitting

The Court shall be open throughout the year except on Sundays and public holidays for the transaction of legal business, and shall sit at such times as may, subject to any direction of the Commission, be determined by the members.

17. Protection of members of the Court

(1)     No member of a Customary Court shall be liable for any act done by him or ordered by him to be done in the   discharge of his judicial duty, whether or not within the limits of his jurisdiction, provided that in good faith, he believed himself to have jurisdiction to do or order to be done the act in question at the time.

(2)     No person required or bound to. execute any order issued by a Customary Court shall be liable in any action for     damages in respect of the execution of such order, solely on the ground that the member was not acting within the limits of his jurisdiction in doing so.

18.    Appointment and control of Court Clerks and other officers

There may be appointed from time to time, Court Clerks, interpreters and other officers as the Commission deems necessary, who shall be subject to the general supervision and control of the Commission for the purpose of the general support of the functions of members of the Customary Courts.

19.    Court Clerks.

(1)     A Court Clerk shall be attached to each Customary Court and shall perform such duties in the execution of powers and     authorities of the court as may be assigned to him by rules of Court or by any special order of the Court. In particular   he shall –

(a)     prepare for issue, all writs and process of Court;

(b)     register all orders and judgments of the Court; and

(c)     enter an account of all monies received by or paid to the Court.

(2)     A Clerk may’ with the consent of the President of the Customary Court, delegate any of the duties assigned to him to         any other officer or servant of the Court, and in every such case such officer or servant of the Court, and in every such    case such officer or servant shall be governed with respect to his duties by the Orders and direction]s of the Clerk and         the Court.

20.    Bailiffs and messengers

(1)     The Commission may appoint such number of fit and proper persons to be bailiffs and messengers of a Customary      Court as the business of the Court shall require.

(2)     It shall be the duty of any person appointed under the provisions of subsection (1) of this section to –

          (a)     effect the service and execution of all writs and other process

(b)     make all necessary returns in relation to such writs and other process;

(c)     carry out such other duties as may be prescribed by rules made under this Law; and

(d)     attend the Court and obey all its lawful directions at all times when he is not engaged in duties which necessitate his absence from the Court.

(3)     No person other than a duly appointed bailiff or messenger shall carry out or purport or attempt to carry out any of       the duties in subsection (2) of this section.

21.    General Jurisdiction

(1)     Customary Courts shall exercise the jurisdiction conferred on them by or under this Law.

(2)     Subject to the provisions of this Law, a Court shall have jurisdiction over all persons within the State.

22.    Civil jurisdiction

(1)     The jurisdiction and power of a Court in civil causes and matters shall be as set out in Part 1 of the First Schedule to         this Law.

(2)     In civil cases a court shar, so far as there is proper opportunity, promote reconciliation among persons over whom the           court has jurisdiction, encourage and facilitate the settlement of matters and differences between parties in an     amicable manner.

(3)     The Commission may designate a Court to adjudicate on Islamic law and matters in relation to marriage, divorce,       custody and inheritance as it deems fit.

23.    Power to increase jurisdiction

(1)     The Chief Judge may by notice in the State Official Gazette authorise the increase in jurisdiction in civil causes or     matters to be exercised by any Court to such an extent as the Commission may specify when making such          recommendation.

(2)     The Chief Judge may by notice in the State Official Gazette authorise any Customary Court to impose fees exceeding         that prescribed under this Law to such extent as the Commission may specify when making such recommendation.

(3)     An authority given under this section may at any time be revoked by the Chief Judge by notice in the State Official        Gazette.

24.    Oath requirement

Any oath that is required to be sworn shall be so sworn before a Commissioner for oath, if any, in the Customary Court where there is a Commissioner for Oath or before a Magistrate court in the State and may be used in proceedings in the Customary Court.

25. Applicable law

(1)     A customary court shall observe and enforce every customary Law, which is applicable and is not repugnant to natural       justice, equity and good conscience or incompatible either directly or by implication with any law for the time being in          force, and nothing in this Law shall deprive any person of the benefit of customary Law.

(2)     No party shall be entitled to claim the benefit of any customary Law, if it shall appear either from express contract or from the nature of the transactions out of which any suit or question may have arisen that such party agreed that his   obligations in connection with such transactions should be exclusively regulated otherwise than by Customary Law or          that such transactions are transactions unknown to customary Law.

(3)     A Customary Court shall administer the provisions of –

(a)     any Law in respect of which jurisdiction is conferred on the Court by that law; and

(b)     all rules and bye-laws made by a local government council, or having effect as if so made, under the provisions of any Law in force in the area of jurisdiction of the Court.

(4)     A copy of the bye-law published in the State Official Gazette on which the of matter before the Customary court is    based shall be produced in court.

26.    Appropriate Customary Law

(1)     In causes and matters arising from inheritance the appropriate customary shall, subject to subsection (3) of this      section, be the customary Law applying to the deceased.

(2)     Subject to the provisions of subsection (1) of this section –

          (a)     in civil causes or matters where –

(i)      both parties are not from the area of jurisdiction of the court; or

(ii)     the transaction which is the subject of the cause or matter was not entered into in the area of the jurisdiction of the Court; or

(iii)    one of the parties is not from the area of jurisdiction of the Court and the parties agreed or may be presumed to have agreed that their obligations should be regulated, wholly or partly, by the Customary Law applicable to the parties;

the appropriate customary Law sha, be the Customary Law binding between the parties.

(b)     in all other civil causes and matters the appropriate Customary Laws shall be the Law of the area of jurisdiction of the Court.

(3)     where the customary Law applicable to land prohibits, restricts or regulates the devolution on death to any particular         class of persons, of the right to occupy such land, it shall not operate to deprive any person of any beneficial interest in such land (other than right to occupy the same) or in the proceeds of sale of the land to which he may be entitled         under the rules of inheritance of any other Customary Law.

(4)     Evidence of Customary Law shall be adduced in a Customary court in all such cases as may be provided in the rules made under section 47 of this Law.

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA