Strengthening the Place of the Customary Court in Nigeria: Imperative for Enhanced Justice Delivery

Abstract

Customary Courts are practically the lowest courts in the hierarchy of courts in Nigeria. They are not
established by the Constitution of the Federal Republic of Nigeria. Rather they are inferior court established
by laws enacted by the Houses of Assembly of the relevant state to handle disputes at the grass root. This
court is vested with coercive and judicial powers to carry out her functions and duties in the dispensation of
justice. This court is also vested with jurisdiction to perform certain duties in the delivery of justice system.
The plank of this article is to interrogate the jurisdiction and powers of the customary court to ascertain if
the extant powers, jurisdiction and work environment of the Customary Court in Nigeria is adequate to enable
her perform her functions optimally. This article adopted the doctrinal method of research with narrative and
descriptive approach. Primary sources of data like the Constitution, Statutes and Case Laws were consulted
and accessed in the course of this work. Secondary sources of data such as journal articles, books and internet
materials were also appraised in the course of this work. The paper found that there is a need to strengthen
the place of the Customary Courts in Nigeria to enhance her justice delivery capacity. The work identified
the challenges and prospects of the court in addressing this issue. The paper recommended the amendment
of certain laws and court rules to enhance the jurisdiction of the Customary Court in Nigeria, reduction of
the cost of litigation, resort to Alternative Dispute Resolution (ADR) methods, decongestion of the court
dockets reorientation of the court judges and staff and the improvement of their welfare package as some of
the ways to strengthen the place of the Customary Courts in Nigeria.