1.  Minimum of 3 and maximum of 5 members including the president. 2.

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Presentation transcript:

1

 Minimum of 3 and maximum of 5 members including the president. 2

 Renewable term of 5 years. 3

 President or member shall be disqualified if:  Mentally impaired, unable or unfit to discharge functions  Convicted of an offence involving fraud, dishonesty or moral turpitude  For reason of indiscipline or misconduct the Commission determines that he be removed from office. 4

 Three Members form a quorum  The opinion of majority of the members shall be deemed and taken to be the decision of the court.  President shall exercise a casting vote in the event of an equality of votes 5

 The Commission regulates the  Terms and conditions of service  Salaries, allowances or fees to be paid  Leave and other benefits 6

 Matrimonial causes and other matters between persons married under customary law.  Guardianship and custody of children under customary law.  Inheritance upon intestacy and the administration of intestate estates under customary law- value of property must not exceed N 5000  Civil causes and matters conferred under any bye-law passed by a Local Government which does not exceed N

 Chief Judge can authorise the increase of jurisdiction in civil or matters to be exercised by any court where commission makes recommendation in an official gazette.  He may also authorise Customary Court to impose fees in a gazette.  He can also revoke any authority exercised under this section in a the state official gazette. 8

 Customary law which is applicable and is not repugnant to natural justice, equity and good conscience or incompatible directly or indirectly with any law in force  No party can exclude the jurisdiction of the court by way of contract.  Customary court can enforce jurisdiction on any law which confers jurisdiction and all rules and bye laws made by local government council or having effect as if though made. 9

 Other than Land causes, place of trial is where the defendant was at the time the cause of action arose. 10

 proceedings should be without due formality and should not be protracted. 11

 The decision shall be reduced to writing on the day that the proceedings are concluded  Court has power to summon witnesses for the purpose of giving evidence 12

 A Person would be held in contempt and guilty of N5,000 or to imprisonment or other correctional remand for up to 14 days or to any custodial sentence if he  Insults a Customary Court President or any of its members  Intentionally interrupts court proceedings  Commits acts of contempt in the face of the court 13

 The Chief Judge may make rules :  Regulating the practice and procedure in their original jurisdiction and in respect of appeals  For recording of the proceedings of customary courts  Prescribing its powers to issue process for the institution of causes and matters and to compel attendance of defendants  For the exclusion of the public from a customary court  Regulation of issuance of summons to witnesses  Provisions for executing the orders of the courts and service of processes  Regulating any matter relating to costs of proceedings  Defining the duties of any officer of customary courts  Prescribing powers of customary courts to impose consecutive or concurrent sentences of imprisonment  Generally for the carrying into effects provisions of this law 14