LEGAL EXEGESIS OF THE CUSTOMARY COURT OF APPEAL JURISDICTION UNDER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 AGAINST EMERGING TRENDS

Abstract

Section 282(1) of the Constitution of the Federal Republic of Nigeria, 1999 (CFRN, 1999) vests appellate and supervisory jurisdiction on the Customary Court of Appeal (CCA) on civil matters involving questions of customary law. Section 282(2) of the CFRN, 1999 grant the State House of Assembly (SHA) the vires to prescribe additional jurisdiction on the CCA by prescribing questions it can determine. Pursuant to this, some SHA have conferred original jurisdiction on the CCA contrary to the intendment of section 282(1) of the CFRN, 1999. This article adopts desk-based method in interrogating the jurisdiction of the Customary Court of Appeal under the CFRN, 1999. It examines decisions of appellate courts with the aim of determining whether or not these decisions are a stultification of the jurisdiction of the CCA or adherent to constitutional prescription? It argues that the act of conferring original jurisdiction by some SHA on the CCA runs afoul of section 282(1) of the CFRN, 1999. It discusses challenges inherent with the purportedly conferred original civil jurisdiction of the CCA hinged on the composition requirement of the CCA under the CFRN, 1999 and appeals procedure. It recommends constitutional amendment as a way to addressing the quagmires.