What is the duty of customary court?

Customary Courts have jurisdiction to hear and determine criminal causes and matters where the penalty is a fine not exceeding one thousand naira or imprisonment for a term not exceeding three months or both such fine and imprisonment, or where, in the case of juvenile offenders, the penalty does not exceed twelve …

What is the validity of customary law?

Validity of customary law Section 18(3) of the evidence act 2011 provides that in any judicial proceeding where any custom is relied upon, it shall not be enforced if it is contrary to public policy or is not in accordance with natural justice, equity and good conscience.

What is Nigeria customary law?

In Nigeria, customary law may be divided in terms of nature into two classes, namely, ethnic or non-Moslem customary law and Moslem law. Each system of such customary law applies to members of a particular ethnic group. Moslem law is religious law based on the Moslem faith and applicable to members of the faith.

How long do judges serve in Nigeria?

What are examples of customary law?

Through legislation:

• Grant of land rights and native title;
• Protection of sites and sacred sites;
• Hunting and fishing rights;
• Aboriginal traditional marriages;
• Aboriginal child care practices;
• Traditional distribution on death; and.
• Aboriginal courts.

What are the characteristics of customary law in Nigeria?

Below are the features of customary law in Nigeria:

• Unwritten nature.
• Flexibility.
• Acceptability.
• No uniform body.

How do you prove customary law in Nigeria?

PROOF OF CUSTOMARY LAW IN NIGERIA The proof of customary law in court is governed by the copious provision of Section 16 of the Evidence Act 2011. The summary of the Act therefore is a customary law can either be proved by direct evidence to establish its existence or by established judicial notice.

What are the advantages of customary law?

The advantage of customary law is that it is not necessary for a State to formally accept a rule in order to be bound by it, as long as the overall State practice on which the rule is based is “widespread, representative and virtually uniform” and accepted as law.

What are the 7 types of law?

Consult with the Law Careers Advising deans for more information.

• Admiralty (Maritime) Law.
• Bankruptcy Law.
• Business (Corporate) Law.
• Civil Rights Law.
• Criminal Law.
• Entertainment Law.
• Environmental Law.
• Family Law.

Which is the lowest court in Nigeria?

The lowest courts in the country are all state courts (there is no federal court in this group). They include (i) the Magistrate Courts that handle English law cases (ii) the Customary Courts that handle Customary law cases and (iii) the Sharia Courts that handle Sharia law cases.

How many appeal court do we have in Nigeria?

These judges are recommended by the National Judicial Council, nominated by the President of Nigeria and confirmed by the Senate. There are currently seventy-two Nigerian courts of appeals across the six geopolitical zones of Nigeria.

What are the main features of customary law?

SALIENT CHARACTERISTICS OF CUSTOMARY LAWS Customary law has several features which include inter alia: 1 It is largely unwritten 2 It is accepted as binding in the society. 3 It differs from tribe to tribe i.e. it is not uniform 4 It must be in existence at the material time.

Who is responsible for enforcing customary law in Nigeria?

The various customary laws of these different ethnic groups in Nigeria make up this category of the customary law. The customary court is responsible for enforcing the ethnic customary laws. The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do preside over the court.

Is the Sharia the same as customary law in Nigeria?

The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do preside over the court. The Sharia/ Muslim law on the other hand is equally a part of the customary law. This law is the same as the Islamic law, which predominates in the northern part of Nigeria and it had been in use since 1959.

Are there any non Muslim laws in Nigeria?

The non-Muslim laws are referred to as the indigenous laws and these laws are derived from the various ethnic groups in Nigeria. The various customary laws of these different ethnic groups in Nigeria make up this category of the customary law.

Is there an English common law in Nigeria?

Generally, the English Common Law forms part of the foundation on which the Nigerian legal system is built. This is due to the colonization factor. This write up is more concerned with the Nigerian customary law anyway. Be that as it may, it must be stated that the English law is divided into two aspects, which are: