Jurisdiction in customary law matters in Nigeria: a critical examination

Abstract

Since the British established the first statutory native courts in Nigeria, attempts have been made to reserve for such courts original civil jurisdiction in customary law matters which were considered to be within the peculiar knowledge of traditional authorities, who, consistently with the indirect rule system, normally manned the tribunals. The first legislative measure reserving original civil jurisdiction for the statutory native courts was the Protectorate Courts Ordinance, 1933 which established a High Court for that part of the Colony and Protectorate of Nigeria known as the Protectorate, and provided that the High Court was not to exercise original jurisdiction in cases raising any issue as to title to, or interest in, land and which were subject to the jurisdiction of a native court, except where the Governor in Council directed otherwise or where the case was transferred from a native court under the provisions of the Native Courts Ordinance, 1933. Thus matters involving land tenure with respect to which native courts had jurisdiction were regarded as. customary law matters which could best be dealt with by traditional courts or courts having a traditional setting.