NASARAWA STATE CUSTOMARY COURT OF APPEAL LAW

Published by Law Nigeria Admin at 16th May 2019

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ARRANGEMENT OF SECTIONS

Short Title
Interpretation
Establishment of Customary Court of Appeal
Constitution of the Court
Qualification of Judges
Tenure of Office of Judges.
Precedence of Judges
Protection of Judges
Seal of the Court
Jurisdiction of the Court
[Jurisdiction of the Court]
Decision of the Court to be final
Law practice and procedure to be applied
Transfer to High Court
Session of the Court
Regulation of Sessions by Order
[Powers of the President of the Court to direct where Session shall hold]
Appearance and representation Parties
Registrar and other Officers of the Court
[Liability of officer of Court for failure to execute an order]
Protection of persons executing warrants
Restriction on officers of Court purchasing property sold in execution
Power to make rule
Serving with pending Civil Proceeding

CUSTOMARY COURT OF APPEAL LAW

A LAW TO ESTABLISH A CUSTOMARY COURT FOR THE HEARING OF APPEALS FROM AREA COURTS IN CIVIL PROCEEDINGS INVOLVING QUESTIONS OF CUSTOMARY LAW

Date of commencement [2nd October, 1979]

PRELIMINARY

Short Title

This Law may be cited as the Customary Court of Appeal Law.

Interpretation

In this Law, unless the context otherwise requires:

“Cause” means any action, suit or other original proceedings between a plaintiff and a defendant;

“Court” means the Customary Court of Appeal established under the Constitution of the Federal Republic of Nigeria, 1979;

“Deputy Registrar” means the Deputy Registrar of the Court;

“High Court” means the High Court of Justice of Nasarawa State of Nigeria;

“Judge” means the President, or any judge of the Court;

“Customary Law” means the rule of conduct which governs legal relationships as established by custom and usage and not forming part of the Common Law of England nor formally enacted by the Nasarawa State House of Assembly but includes any declaration or modification of Customary Law under the Local Government Law, but does not include Islamic personal Law.

“Matter” includes any proceeding of a court not in a cause;

“Area Court” means a court established under the Area Courts Law or deemed to have been so established;

“Registrar” means the Registrar of the Court.

Establishment of Customary Court of Appeal

(1) There shall be a Court for the hearing of appeals form Area Courts in respect of cases involving questions regarding Customary Law.

(2) The name of such court shall be the Customary Court of Appeal which shall be a Superior Court of record.

(3) The Court shall have jurisdiction to punish summarily for the offence commonly known as contempt of court; but a person cannot be so punished and also punished under the provisions of the penal Code Law for the same act or omission.

Constitution of the Court

(1) The Court shall consist of a President and maximum of four other Judges.

(2) The Court shall be deemed to be duly constituted notwithstanding any vacancy in the office of judge thereof.

(3) The Court shall be deemed constituted for hearing of appeals under this Law if it is constituted of two Judges.

Qualification of Judges

Until additional qualifications are prescribed no person shall be qualified to hold office as a Judge of the Customary Court of Appeal unless in the opinion of the State Judicial Service Commission he possess knowledge and experience of the practice of Customary Law in the State.

Tenure of Office of Judges.

(1) A Judge shall vacate office when he attains the age prescribed in the Constitution of the Federal Republic of Nigeria.

(2) A Judge shall at anytime resign his office by notice in writing addressed to the Governor.

Precedence of Judges

The President of the Court shall preside over all cases and in his absence the next senior Judge shall preside.

Protection of Judges

No judge shall be liable to be sued in nay court for any act done or ordered by him in the exercise of the jurisdiction conferred by this Law or any other Law whether or not within the limit of his jurisdiction provided that he, at the time of such act or order in good faith believed himself to have jurisdiction to do or to order to be done the act in question.

Seal of the Court

9.(1) The Court shall have and use as occasion may require a seal bearing the inscription in the English, Hausa or any Language indigenous to Nasarawa State (“The Customary Court of Appeal”).

(2) The Seal of the Court shall be kept and used as may be directed by the President.

Jurisdiction of the Court

(1) Subject as otherwise provided in this Law, the Court shall have jurisdiction to hear and determine civil appeals in which the applicable law is the customary law from any decision of any grade of Area Court.

(2) For all the purposes of and incidental to the hearing and determination of any appeal, and amendment, execution and enforcement of any judgment, order or decision made therein, the Court shall have all the powers authority and jurisdiction of every Area Court of which the judgment, order or decision is the subject of an appeal to the Court and without prejudice to the generality of the foregoing, shall have all the powers conferred upon Area Courts exercising appellate jurisdiction by provision of section 59 of the Area Courts Law.

(3) Except as provided in subsection (2) of the Court shall have no original jurisdiction in any cause or matter.

(4) The Court shall have jurisdiction to review cases reported to it in accordance with section 50 of the Area Court Law.

[Jurisdiction of the Court]

The Court shall be competent to decide:-

(a) Any question of Customary Law regarding a marriage concluded in accordance with that Law, including a question relating to the dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or guardianship of an infant.

(b) Where all the parties are subject to Customary Law, any question regarding a marriage, including the dissolution of that marriage, or regarding family relationship, a founding or guardianship of an infant;

(c) Any question of Customary Law regarding a gift, will or succession where the endower, donor, testator or deceased person is subject to Customary Law;

(d) Any question of Customary Law regarding an infant, prodigal or person of unsound mind who is subject to Customary Law or the maintenance or guardianship or a person subject to Customary Law who is physically or mentally infirm;

(e) Where all the parties to the proceedings; (whether or not they are subject to Customary Law) have by writing under their hands requested the Court that hears the case in the first instance to determine the case in accordance with Customary Law.

Decision of the Court to be final

Subject to the provision of section 224 of the Constitution of the Federal Republic of Nigeria or any Legislation amending or replacing the same, the judgment, order or decision of the court on any matter within its jurisdiction shall be final.

Law practice and procedure to be applied

The Court, in exercise of the jurisdiction vested on it by this Law as regards both substantive law and practice and procedure shall administer, observe and enforce the observance of the principles and provision of:-
The Area Courts Law;
The Area Courts Law and any other Law affecting the Area Courts in so far as it pertains to a cause or matter involving Customary Law.
Natural justice, equity, and good conscience.

Transfer to High Court

(1) On or at any time before the hearing of appeal from any Area Court the Court if it is of the opinion that the appeal should properly have been brought before the High Court, or the Sharia Court of Appeal, may, at any time or at any stage of the proceedings before final judgment, and either with or without application from any of the parties thereto transfer such appeal to the High Court or the Sharia Court of Appeal, as the case may be.

(2) The power of transfer under this section shall be exercised by means of an order under the hand of the President of the Court and the seal of the Court.

(3) Notwithstanding anything contained in any rules made by the Court to the contrary, no appeal transferred from or to the Customary Court of Appeal in accordance with the provisions under any law, shall be questioned on the ground that it has not been entered within the time prescribed for entering appeals to the court to which the appeal is transferred.

Session of the Court

The Court shall hold sessions from time to time and at such places as provided by order made under section 16.

Regulation of Sessions by Order

The President may from time to time by order provide for all or any of the following matters:-

(a) The appointment of the place or places within Nasarawa State at which sessions of the Court are to be held;

(b) The appointments of the dates for holding sessions within Nasarawa State and the alteration of any such date by such authority and in such manner as may be specified in an order made under this Section where by reasons of the pressure of business or other unforeseen cause it is expedient to alter the date so appointed;

(c) Carrying into effect as may seen necessary to the President any order made under this Section and, without prejudice to the generality of the foregoing power, the attendance, jurisdiction, authority and duty of the Deputy Registrar, interpreters and officers, the use of any prison which is under the control of the Federal Government and the transmission of documents and exhibits and any matter which appears to the President to be necessary or proper for carrying in to effect any order made under this Section.

[Powers of the President of the Court to direct where Session shall hold]

(1) If at any time it appears to the President of the Court that there is no business or no substantial amount of business to be transacted at a Session then about to be held at any place and that having regard to all the circumstances of the case it is desirable that an order should be made under this section, he may be order direct that Sessions shall not on that particular occasion be held at that place and where any such order is made then, notwithstanding any order made under section 16, Session shall not on that particular occasion be held at that place specified in the order.

(2) There may be included in an order made under this section provision for any matters including any of the matters mentioned in paragraph (c) of Section 16 for which it appears to the President to be necessary or proper to make provision of with a view to giving full effect to the order.

Appearance and representation Parties

Legal practitioners may appear to act for or assist any party before the Court.

Registrar and other Officers of the Court

There shall be a Registrar, Deputy Registrar and such other officers as may be deemed necessary who shall perform such duties in the execution of powers and authorities of the court as may from time to time be assigned by rules of court or subject there to, by any special order of the President.

[Liability of officer of Court for failure to execute an order]

If any officer of the court, employed to execute an order willfully or by neglect or omission loses the opportunity of executing it, then on complaint of the person aggrieved, and proof of the fact alleged, the court may if it thinks fit, order the officer to pay damages sustained by the person complaining or part thereof, and the order shall be enforced as an order directing payment of money.

Protection of persons executing warrants

No officer of the court or other person bound to execute any warrant or order issued by the court shall be liable in any action for damages in respect of the execution of such warrant or order unless it be proved that he executed the same in an unlawful manner.

Restriction on officers of Court purchasing property sold in execution

(1) No officer of the court shall or may directly or indirectly or by the intervention of an agent or otherwise purchase any property sold in execution, and in the event of any such person purchasing or being interested in the purchase of any property sold in the execution such purchase shall be entirely void.

(2) Notwithstanding the provisions of subsection (1) nothing herein contained shall prevent any such person from purchasing by leave of the court any property sold in execution which it may be necessary for him to purchase in order to protect the interest of himself, his wife or child.

Power to make rule

The Chief Judge in consultation with the President may make rules of court providing for any or all of the following matters:

(a) the prescribing and providing for:-

the fees which may be charged in the court;
The reduction of such fees in any particular case or class of cases and the manner in which and then persons by whom such reduction may be made;

iii. The remission in whole or in part of any fee or reduced fee and the manner in which and the persons by whom such reduction may be made;

(b) Subject to the provision of section 13 the practice and procedure of the court;

(d) The execution of the warrant and the service of the process of the Court;

(e) Regulating the payments of allowances and traveling expenses of witnesses;

(f) Regulating any matter relating to the costs of proceedings in the Court;

(g) Defining, so far as conveniently may be defined by general rules, the duties of several officers of the court;

(h) Securing the due administration of estate;

(i) Requiring and regulating the filing of accounts of the administration of estates;

(j) Ascertaining the value of estates;

(k) Regulating and prescribing the procedure on appeals from any Area Court to the Court;

(l) Regulating the sittings of the court subject to then provisions of section 15, 16, and 17;

(m) Prescribing what part of the business which may be transacted and the jurisdiction which may be exercised by the Registrar or other officers of the court, and providing that any interlocutory application to be made in connection with or for the purpose of any appeal or proposed appeal to be heard by the Court shall be heard and disposed of before a single Judge;

(n) Prescribing forms to be used for the process and procedure of the court; and

(o) Generally for carrying into effect the provisions of this Law;

Serving with pending Civil Proceeding

All appeals within Jurisdiction of the Court which on the commencement of this Law are pending in the High Court shall be deemed to be pending in the Court without any order of transfer.

Find other laws of Nasarawa State, Nigeria HERE