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Nigerian Judiciary
Customary Court of Appeal of a State
Sections 230 - 236 of the Constitution of the Federal Republic of Nigeria 1999:
Establishment of Customary Court of Appeal
280. (1) There shall be for any State that requires it a Customary Court of Appeal for that State.
(2) The Customary Court of Appeal of a State shall consist of –
(a) a President of the Customary Court of Appeal of the State; and
(b) such number of Judges of the Customary Court of Appeal as may be prescribed by the House of Assembly of the State.
Appointment of President and Judges of the Customary Court of Appeal of a State
281. (1) The appointment of a person to the office of President of a Customary Court of Appeal shall be made by the Governor of the State on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Judge of a Customary Court of Appeal shall be made by the Governor of the State on the recommendation of the National Judicial Council.
(3) Apart from such other qualification as may be prescribed by a law pf the House of Assembly of the State, a person shall not be qualified to hold office of a President or of a Judge of the Customary Court of Appeal of a State unless –
(a) he is a legal practitioner in Nigeria and he has been so qualified for a period of not less than ten years and in the opinion of the National Judicial Council he has considerable knowledge and experience in the practice of Customary law; or
(b) in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customary law.
(4) If the office of President of the Customary Court of Appeal of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed the functions of that office, or until the person holding the office has resumed those functions, the Governor of the State shall appoint the most senior Judge of the Customary Court of Appeal of the State to perform those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the Governor shall not re-appoint a person whose appointment has lapsed.
Jurisdiction
282. (1) A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involving questions of Customary law.
(2) For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and decide such questions as may be prescribed by the House of Assembly of the State for which it is established.
Constitution
283. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any law, a Customary Court of Appeal of a State shall be duly constituted if it consists of at least three Judges of that Court.
Practice and procedure
284. Subject to the provisions of any law made by the House of Assembly of the State, the President of the Customary Court of Appeal of the State may make rules for regulating the practice and procedure of the Customary Court of Appeal of the State.
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