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.[1]
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.[2]
Structure and jurisdiction
Bayelsa State has thirteen customary court areas,[3] 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,[4] 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.[5]
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.[6]
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.
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;[8]
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:[9]
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.
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.[10]
References
↑ "About Us". Bayelsa State Judiciary. Retrieved 29 January 2025.
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