Judiciary Okays Move To Repeal Customary Court Laws

The Rivers State Judiciary says the proposed move by the State House  of Assembly to repeal the state customary courts law would make the customary courts in the state become more accessible to the people.

The acting Chief Registrar (ACR), High Court, State Judiciary, Leonard Kobamoye Adoki (Esq) made the assertion while  presenting a paper at the just concluded public hearing on Rivers State Customary Courts Bill held at State House of Assembly complex in Port Harcourt, recently.

The proposed bill seeks among other things to repeal the state customary courts (CAP 40) 1999, and the customary courts (Amendment) Law No. 9 of 2009 which when pass into law will be cited as the “Rivers State Customary Courts Law 2013”.

Adoki averred that the proposed new law would widen the scope of jurisdiction of the customary courts, produce comprehensive laws that would moderate the legal and social behaviours of our grassroot, ensure simplicity in the law relating to our customs and traditions.

He disclosed that the present customary courts law (Cap 40) only the chairmen of the customary courts were legal practitioners noting that in the proposed new law both the chairmen and members shall be legal practitioners, which according  to him, would give quick dispensation  of justice delivery.

According to him, customary courts at moment were only limited to civil causes and matters in the current law noting that the proposed new law under Section 6(2) has introduced criminal jurisdiction which will enable the courts deal with matters which were only dealt with by magistrates courts which were not easily accessible to the local people.

“Another very important area of the proposedl new law (PNC) is in the law relating to Guardianship, Custory and maintenance of children. Under the applicable law in section 12 (1) & (2), the customary courts now have jurisdiction to make orders relating to custody maintenance of children of the marriage contracted under customary court may appoint a third party as guardian and custodian of a child to avoid criminal proclivities where a parent granted custody is not financially capable for the proper upbringing of the child.”

He stressed that in the proposed new law, the customary courts shall have original jurisdiction to entertain and determine civil and criminal cases and matters relating to all forms of chieftaincy disputes which they were hitherto prohibited from adjudicating.

The acting Chief Registrar expressed the support of the judiciary to the State House of Assembly in their efforts to ensure that the bill is pass into law.