FEDERAL CAPITAL TERRITORY CUSTOMARY COURT ACT, 2007

ARRANGEMENT OF SECTIONS
SECTION

PART I .-ESTABLISHMENT AND COMPOSITION OF CUSTOMARY COURT

1. Establishment of Customary Court.

2. Composition of Customary Court and quorum.
3. Proceedings of the Court.
4. Qualification for Appointment and Disqualification from Appointment.
5. Appointment, Tenure of Office and Conditions of Service.
6. Removal from Office.
7. Oath of Office.
8. Immunity from Legal suits Against Members.
PART II.-OFFICERS OF CUSTOMARY COURTS

9. Officers of Court.
10. Registrars to be Commissioners of Oaths
11. Bailiffs
12. Immunity from Liability
13. Liability from Wilful Neglect
PART III.- JURISDICTION OF CUSTOMARY COURT

14. Persons subject to Court's Jurisdiction Civil Jurisdiction.

15. Court to Promote Reconciliation.
PART IV .-LAW TO BE ADMINISTERED

16. Law to be Administered.

17. Appropriate Customary Law.
18. Binding Customary Law and Guardianship of Children .
19. Evidence.
P ART V.-PRACTICE AND PROCEDURE IN CUSTOMARY COURT

20. Practice and Procedure.

21 Right of Audience.
22. Representation Before Customary Court.
23. Right of an Accused Person.
24. Proceedings to be in Open Court.
25. Adjournment.
26. Session.
27. Judgment.
28. Transfer of Causes and Matters.
29. Order of Transfer
2007 No. 8 Federal Capital Territory Customary Court Act

PART V I.-ANCILLARY POWERS OF CUSTOMARY COURT

30. Place of Imprisonment.

31. Recovery of Fines.
32. Compensation to Aggrieved Persons.
33. Power to Summon Witnesses.
34. Person present may be required to give Evidence.
35. Execution of Judgment.
36. Power to Grant Interim Injunction or Impound Property.
37. Power to Appoint Receiver and Manager.
38. Search Warrant and Effect Thereof.
39. Power of Court to Order Inspection.
40. Power to Grant Bail.
41. Execution and Order of Other Courts.

PART VII -SUPERVISION AND CONTROL OF CUSTOMARY COURTS

42. Supervisory Authority.

43. Duties of Inspectors.
44. Returns and Report on Cases to be Submitted.
45. President, Inspectors not to Impede the independence of Court.
PART VIII- TRANSFER OF CASES
46. Power of Transfer.
47. Fee for Transfer.
PART IX.-APPEALS

48. Right of Appeal;

Condition of Appeal;
Appeals out of Time;
49. Power of Appellate Court in Civil Appeal.
50. Court may Inspect Records.
PART X.- OFFENCES

51. Adjudication Without Authority.

52. Penalty for Obstructing Persons Executing Court Order.
53. Exaction of Fees or Fines in excess of those Authorized.
54. Refusal to Produce Documents, etc.
55. Failure to obey summons.
56. Refusal to give Evidence and Giving False Evidence.
57. Perversion of Course of Justice.
58. Rendering False Returns.
59. Falsification of Records.
PART XL-FINANCIAL PROVISIONS

60. Collection and Custody of Revenue.

 Federal Capital Territory Customary Court Act 2007 No.8

PART XII.-RULES OF COURT

61. Power to Make Rules of Court.

PART X III.- TRANSITIONAL AND MISCELLANEOUS PROVISIONS

62. Transitional Provisions.

63. Savings.
64. Repeal of Certain Sections of Area Court Act.
65. Applicability of Certain Provisions of Evidence Act.
PART XIV.-I NTERPRETATION AND CITATION

66. Interpretation.
67. Short Title.

SCHEDULE
 FEDERAL CAPITAL TERRITORY CUSTOMARY COURT ACT, 2007
2007 ACT, No. 8
AN ACT FOR AN ACT TO ESTABLISH A CUSTOMARY COURT FOR THE FEDERAL CAPITAL
TERRITORY ABUJA AND TO PRESCRIBE THE MODE OF ITS OPERATION AND SUPERVISION

[28th Day of May, 2007] Commence-

BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria-

P ART I.-ESTABLISHMENT AND COMPOSITION OF CUSTOMARY COURT
Establishment
1.-(1) There is established Grades of Customary Court for the Federal Capital of Customary
Territory, Abuja, as specified in the Schedule to this Act. Court
Schedule.
(2) The President may in consultation with the Chief Judge designate to each
Customary Court established under this section such name as he may deem fit and
shall issue a warrant under his hand in respect of every such Customary Court.
(3) Every warrant establishing a Customary Court shall be operative and take
effect from the date specified therein.
(4) The President may at any time after consultation with the Chief Judge suspend,
vary or cancel any warrant issued pursuant to this section.
(5) The Judicial Service Committee shall cause to be published in the Federal
Government Gazette-
(a) any warrant issued in respect of every Customary Court; and
(b) any order of suspension, variation or cancellation of a warrant in respect of
such Customary Court.
2.-(1) A Customary Court shall consist of a Chairman and two other members Composition
of Customary
who shall be referred to as customary court members, all of whom shall be appointed Court and
by the Judicial Service Committee. Quorum.

(2) For the purpose of hearing any cause or matter, three members shall constitute
a quorum.
(3) A member who d id not take part in the entire hearing of a cause or matter
shall not participate in the judgment of the court.
3.-(1) In all causes and matters before the Court, the opinion of the majority Proceedings of
shall in the event of dissent, be deemed and taken to be the decision of the Court. the Court.

(2) A member who disagrees with the opinion of the majority in any cause or
matter may request the Chairman to record his views and the Chairman shall record
same.
 2007 No. 8 Federal Capital Territory Customary Court Act

Qualification 4.-(1) Subject to other provisions of this Act, a person shall not be qualified to
for be appointed as-
appointment (a) a chairman of a Customary Court unless he is qualified to practise as a legal
and
disqualification practitioner in Nigeria and has been so qualified for a period of not less than five
from years;
appointment
(b) a member of a Customary Court unless:
(i) he is qualified to practise as a legal practitioner in Nigeria and has been so
qualified for a period of not less than two years; or
(ii) he is literate in English and any other Nigerian language and has wide
knowledge of customary law.
(2) Without prejudice to the provisions of sub-section 1 (a) and (b) above, no
person shall be appointed a member of a Customary Court unless-
(a) he is a person of good character; .
(b) he is not less than twenty five years and not more than sixty years of age ;

(c) he is not in any full time employment;

(d) he has not been convicted by a Court in Nigeria or elsewhere of an offence
involving fraud or dishonesty ;
(e) he is of a sound mind and has not been adjudged to be a lunatic under any
law or
(t) he has not been declared bankrupt.

Appointment, 5.-(1) The power to appoint, dismiss, suspend or otherwise exercise any
Tenure of office disciplinary control over any member of a Customary Court shall vest in the Judicial
and Service Committee.
Conditions of
Service. (2) The Judicial Service Committee shall make rules or regulations providing

(a) the salaries and allowances; and

(b) the terms and conditions of service of members of the Customary Court.
Removal 6.-(1) The Judicial Service Committee may remove from office a member of the
from office
Customary Court who-
(a) is unable to perform the functions of his office due to physical or mental
disability or for any other cause.
(b) appears to the Committee to have been involved in any corrupt practice or
to have otherwise abused his power or office ; or
(c) appears to the Committee to be unworthy of being a member of the Customary
court for any other cause considered sufficient by the Judicial Service Committee.
(2) Notwithstanding any other provision of this Act, a member of a Customary
Court shall cease to be a member thereof if any circumstances arise or become known
which disqualify him from being a member of the Court by virtue of the provision of
Section 6 of this Act.
 Federal Capital Territory Customary Court Act 2007 No.8

7.-(1) No person who has been appointed as a Chairman or a member of a Oath of

Office.
Customary Court shall sit or in any way act in that capacity until he has taken and
subscribed to the oath of office prescribed by Section 290 of the Constitution of the
Federal Republic of Nigeria, 1999.
(2) The President of the Customary Court of Appeal shall administer the oath on
the Chairman and members of the Court.
8. No member of a Customary Court shall be liable to be sued or prosecuted in Immunity
from legal
any Court of law for anything done or purported or ordered to be done by him in suits against
exercise of jurisdiction or power conferred by this Act, if he at the time of doing the act members.
or thing, believed in good faith that he had the jurisdiction or power to do or order to
be done the act or thing in question.
PART II.-OFFICERS OF CUSTOMARY COURTS

9.-(1) Subject to the provisions of this Act, the Judicial Service Committee Officers of
Court.
shall from time to time appoint in respect of each Customary Court an officer to be
designated as the registrar who shall perform such duties in the execution of such
powers and authorities of the Court as may be assigned to him under this Act or by
rules of Court or by any special order of the Court and in particular, the registrar shall
in relation to the Customary Court to which he is deployed -
(a) prepare for issue, all warrants and writs;
(b) file or cause to be filed summonses, convictions, recognizances, rulings or
execution and other documents and submit same for the signature of the Chairman
of the Court ;
(c) register all orders and judgments of the Court ;
(d) make or cause to be made, copies of the proceedings that are required to be
made by any member of the Court and record the judgments, convictions and
orders of the Court; .
(e) receive or cause to be received all fees, fines, penalties and all other, monies
paid or deposited in respect of the proceedings in the Court and keep or cause to
be kept an account of the same;
(f) attend at such sittings of the Court as the Chairman of the Court may
direct;
(g) maintain an account showing all monies received or paid by the court ;
(h)supervise the staff under him as well as the clerks and other staff of the
court under the territorial jurisdiction of the Court; and
(i) perform or cause to be performed such other duties as shall be connected
with the court or as may be assigned to him by the Chairman of the Court.
(2) The registrar shall be assisted in the discharge of his functions by such
other support staff employed in the Customary Court of Appeal.
Registrars to
10.-(1) Every registrar shall be a Commissioner for Oaths with power to
be
administer Oaths in accordance with the Oaths and Affirmations Act and to take Commissioners
affidavits and declarations, to receive documents produced for the purpose of any of Oath
 .
2007 No. 8 Federal Capital Territory Customary Court Act

cause or matter, to examine and interrogate witnesses and to receive other evidence in
respect of any proceeding before the court.
(2) Any order of the Court for the attendance and examination of a witness
or production of any document before any such Commissioner for Oaths within
the jurisdiction of the court shall be enforced in the same manner as an order on
a witness to attend and be examined or to produce any document before the
court.

(3) Every act performed or order made by a Commissioner for oaths in want or
excess of his powers shall be liable to be reversed, altered, amended or set aside by
the court on application by an aggrieved party.
11.-(1) The Customary Court of Appeal shall appoint such number of fit and
Bailiffs.
proper persons as bailiffs.
(2) It shall be the duty of any person appointed under the provisions of sub-
section (1) of this Section-
(a) to effect the service and execution of all writs and other processes which he
may receive from the court to which he is deployed;
(b) to perform such other related duties as may from time to time be assigned to
him by the registrar.
(3) A Customary Court may authorise a member of the Nigeria Police to
perform all or any of the duties mentioned in sub-section (2) of this section in so
far as they relate to the criminal jurisdiction of the court and any member of the
Nigeria Police who shall be in possession of any process issued by the court shall
be presumed to be authorised to execute such process unless the contrary is
proved.
(4) Subject to the provision of sub-section (3) of this section, no person other
than a duly appointed bailiff shall carry out or attempt to carry out any of the duties
mentioned in sub-section (2) of this section.

Immunity 12. No officer of any Customary Court or other person bound to execute
from lawful warrants-or orders issued or made in exercise of any jurisdiction conferred
liability. by this Act shall be personally liable on account of anything done by him in good
faith in the execution of any warrant or order of the court if the person issuing
same acted in exercise of lawful authority.

Liability
13. If any officer of the court employed to execute an order wilfully or by
from wilful neglect or omission loses the opportunity of executing it, then on complaint of
neglect. the person aggrieved and proof of the fact alleged, the Customary Court may, if it
deems fit, order the officer to pay the damages sustained by the person complaining
or part thereof and the order shall be enforced as an order of the Customary Court,
directing payment of the money.
 Federal Capital Territory Customary Court Act 2007 No. 8

PART III-JURISDICTION OF CUSTOMARY COURT

14.-(1) A Customary Court shall have and exercise jurisdiction over all persons Persons
within the territorial limits of the Federal Capital Territory, Abuja, who submit to the subject to
Court's
jurisdiction of the Court.
jurisdiction
(2) A Customary Court shall have and exercise jurisdiction over causes and and Civil
matters set out in the Schedule to this Act. Jurisdiction.
Schedule.

15.-(1) A Customary Court shall have power to issue prerogative orders of Court to
mandamus, certiorari and prohibition in causes or matters relating to customary law. promote
reconciliation.
(2) In civil causes or matters, a customary court may promote reconciliation
among the parties thereto and encourage and facilitate amicable settlement thereof.
PART IV.-LAWS TO BE ADMINISTERED
Laws to be
16. Subject to the provisions of section 6 (4) (a) and (5) (j) of the Constitution administered.
of the Federal Republic of Nigeria 1999 and the provisions of this Act, a customary
court shall administer-
(a) the appropriate customary law specified in section 18 of this Act in so far as
it is not repugnant to natural justice, equity and good conscience nor incompatible
either directly or by necessary implication with any written law for the time being
in force;
(b) the provisions of any written law which the court may be authorized to
enforce by an order made pursuant to the provisions of this Act;
(c) the provisions of any enactment in respect of which jurisdiction is conferred
on the court by that enactment ;
(d) the provisions of all bye-laws and rules made by the appropriate Area council,
or having effect as if so made under the provisions of any enactment in force in the
Federal capital Territory ;
(e) the provisions of any rule made or deemed made by a statutory corporation
having authority in the Federal Capital Territory ; Appropriate
Land Law.
17.-(1) In causes and matters arising from inheritance, the appropriate
customary law shall be the customary law that governed the deceased.

(2) Subject to the provisions of Sub-section (1) of this section-

(a) in civil causes or matters where:
(i) both parties are not natives of the area of jurisdiction of the court; or
(ii) the transaction, the subject of the cause or matter was not entered into
in the area of jurisdiction of the court, or
(iii) one of the parties is not a native of the area of jurisdiction of the court
and the parties agreed or may be presumed to have agreed that their obligations
shall be regulated wholly or partly by the customary law applicable to that
 2007 No.8 Federal Capital Territory Customary Court Act

party, the appropriate customary law shall be the customary law binding between
the parties which appeared to have regulated the subject matter in dispute;
(b) in all other civil causes and matters the appropriate customary law to be
administered shall be the customary law prevailing in the area of jurisdiction of the
court.

Binding 18.-(1) A customary law shall be deemed to be binding upon a person where
Customary that person-
Law and
Guardianship (a) is an indigene of a place in which the customary law is in force;
of Children.
(b) being in a place in which the customary law is in force, does an act in
violation of the customary law;
(c) in cases of claim under a customary law of inheritance, makes a claim in
respect of the property or estate of a deceased person and the deceased person
was an indigene of the place in which the customary law was in force;
(d) agrees or is deemed to have agreed to be bound by the customary law.
(2) In any matter relating to the guardianship of a child, the interest and welfare
of the child shall be the first and paramount consideration.

(3) Whenever it appears to a customary court that an interim order made by

such court in the interest of a child, be reviewed, the court may, of its own motion or
upon the application of any interested person, vary or discharge such order.

(4) Where there is a contravention of any customary law, a customary Court

may subject to the provisions of this Act impose a penalty authorised by or consistent
with the customary law:

PROVIDED that no such penalty shall involve mutilation, torture or other personal
violence or be inhuman or repugnant to natural justice.

Establishment 19.-(1) Evidence of a customary law shall be adduced in a customary court in

of Customary all such cases as may be provided in the rules made under this Act.
Law.
(2) No proceedings in a customary court and no summons, warrant, process,
order or decree issued or made thereby shall be varied or declared void upon appeal
solely by reason of any defect in procedure or want of form, but every court exercising
powers of appeal under this Act shall decide all matters according to substantial
justice without undue regard to technicalities.
P ART V-PRACTICE AND PROCEDURE IN CUSTOMARY COURT
Practice and
Procedure. 20. Subject to the provisions of this Act and to such other rules as may be made
under this Act, the practice and procedure of the customary court shall be regulated
in accordance with customary law.
Right of
audience. 21. A Legal Practitioner shall have the right of audience in a customary court.

Representation 22.-(1) In any cause brought by or against an Area council, the council may be
before represented before a Customary Court at any stage of the proceedings by an employee
Customary
Court. of the Council.
 Federal Capital Territory Customary Court Act 2007 No.8
(2) A Customary Court may permit-
(a) the husband, wife, guardian, servant, master or inmate of the household of
any party, who shall give satisfactory proof that he or she has authority in that
behalf; or
(b) a relative of a person administering an estate subject to the jurisdiction of
the court, to appear for any party in a civil cause or matter before the customary
court.

23.-(1) An accused in a criminal cause or matter shall appear and may conduct Right of an
his defence in person or by a legal practitioner of his choice on his behalf. accused
person.
(2) In any civil cause or matter pending in a customary court, any party to a
cause or matter may conduct his own case or may be represented by a legal practitioner
of his choice on his behalf; the court may however permit a person who has custody
of any animal or chattel in respect of which the cause or matter is brought to court to
appear and defend the cause or matter in court.

(3) (a) In any proceedings where a Government Ministry, Department, or

Parastatal or an Area Council is a party, such Ministry, Department, Parastatal or Area
Council, may be represented at any stage of the proceedings by a law officer in the
Ministry of Justice.
(b) In any proceedings where a Government Ministry, Department, Parastatal,
Area Council, body corporate or a body whose existence is registered under any
written law is a party, such party may be represented by an officer or member
thereof who satisfies the court that he is duly authorised to do so.

24.-(1) The room or place in which a customary court sits to hear and determine Proceedings
any cause or matter shall be an open court to which members of the public shall have to be in open
Court.
access subject to their good behaviour and convenience of the court.
(2) Provision shall be made by the rules of court for the exclusion of the public
from any customary court proceedings-
(a) in which persons under the age of seventeen years are involved; or
(b) where the administration of justice would be rendered impracticable by the
presence of the public.
Adjournment
25.-(1) A customary court may adjourn its sitting from day to day or to any.
convenient date.

(2) If the members of a customary court are not present at the place appointed
for any sitting of the court, or if a quorum is not formed, any member present or an
officer of the customary court or any other person authorised in that behalf by the
Chairman of the court may adjourn the sitting until such time and to such place as
may be announced to be convenient and all persons bound to be present at the
sitting so adjourned shall be equally bound to be present at such time and place.
(3) In the absence of any announcement to the contrary, all such persons shall
be bound to be present at the next succeeding day appointed for the sitting in the
#same place.
 2007 No. 8 Federal Capital Territory Customary Court Act

Session. 26.-(1) A customary court shall sit and hold sessions at such places and times
as may be necessary for the convenient and speedy despatch of the business of the
Court.

(2) The permanent places of sitting and places of session of each customary
court shall be indicated in the warrant establishing the court.
(3) The President of the Customary Court of Appeal may, for convenience and
dispatch of business, direct the holding of sessions at such other places as he may
determine provided that the general public shall be notified of such decisions fourteen
days before the commencement of sitting or same may have been gazetted before
commencement of sitting.
Judgement. 27.-(1) A customary court shall record the reasons for its decisions in every
cause or matter.

(2) Evidence tendered in proceedings before a customary court shall as far as

practicable be recorded in writing by the Chairman of the Court.
Transfer 28.-(1) A customary court may at any time and at any stage before judgment,
cause or of
matter.
of its own motion, or on the application of any party, transfer any cause or matter
pending before it to any Area Court or customary court if it is of the view that on
grounds of convenience and having regard to all the circumstances of the case it is
desirable or expedient that the cause or matter be so transferred.
(2) A customary court shall have the power at any time and at any stage before
judgment of its own motion or on the application of any party, to transfer any cause
or matter pending before it to any Area Court or Magistrate Court within the Federal
Capital Territory, if it is of the view that on grounds of jurisdiction, it is proper for the
cause or matter to be so transferred.

(3) The President of the Customary Court of Appeal may at any time and at any
stage before judgment, of his own motion or on the application of any party, transfer
any cause or matter pending before a Customary Court to another customary court if
he is of the view that on grounds of convenience and having regard to all the
circumstances of the case, it is desirable that the cause or matter be so transferred.
(4) Where a cause or matter is transferred pursuant to sub-sections (1), (2) or
(3) of this section, or the court to which it is transferred, shall commence the cause or
matter de novo as if it has been instituted originally before the court.
(5) The power of transfer conferred by sub-sections (1), (2) and (3) of this
Section, shall be exercised by means of an order under the hand of the President of
the Customary Court of Appeal, or the chairman of the Customary Court or a member
acting on his behalf as the case may be and may apply to a pending cause or matter
either entirely or in respect of any part thereof.
(6) The supervising authority or the chairman or member of the customary court
as the case may be, may at any time cancel, alter, add to or amend any order made
under sub-section (5) of this section.
 Federal Capital Territory Customary Court Act 2007 No. 8

29. Every order of transfer under this part shall operate as a stay of proceedings Order of
in the court to which it may be addressed in any cause or matter to which the order transfer.
extends or is applicable, and the process or proceedings in any such cause or matter,
and attested copy of all entries in the books of the court relative thereto shall be
transmitted to the court to which the matter is transferred and thenceforth all
proceedings in the cause or matter shall be taken in such court as if the cause or
matter had been commenced therein.
PART VI.-ANCILLARY POWERS OF CUSTOMARY COURTS Place of
30. Every person sentenced by a customary court to imprisonment or taken in imprisonment.
execution of the process of such court may be detained in a Nigerian Prison in the
Federal Capital Territory or in the State nearest to the area of jurisdiction or sitting of
the court. Recovery of
fines.
31.-( 1) A customary court may order that any fine which it may impose shall
be paid at such time or times by such instalments as it may think fit.
(2) Where there is default in the payment of any fine or of any instalment of the
same when due the court may-
(a) order that the amount of fine or of the instalment, as the case may be, shall
be levied by the sale of any movable property of the person in default which is
situated within the Federal Capital Territory; or
(b) order such person to be imprisoned.

(3) A sentence of imprisonment passed upon a person in default of payment of

a fine or the total of any sentences passed in default of the payment of instalments of
a fine, as the case may be, shall not exceed in the aggregate the maximum sentence of
imprisonment which the court is empowered to impose.
(4) Where a term of imprisonment is imposed together with a fine, such term
together with either the sentence of imprisonment passed in default of the payment of
the fine or the total of the sentences passed in default of the payment of instalments
thereof, as the case may be, shall not exceed in the aggregate, the maximum sentence
of imprisonment which the court is empowered to impose.
(5) Where any person has been committed to prison by a customary court for
non-payment of a fine and such person thereafter pays the whole or a part of the fine,
his imprisonment shall be reduced by the number of days bearing as nearly as possible
the same proportion to the total number of days for which such person was committed
as the sum paid bears to the amount of the fine for which such person is liable.
Compensation
32. In every case in which a person is convicted of an offence a customary of aggrieved
court shall have power to award to the person injured or aggrieved, reasonable persons.
compensation by the accused on condition that such injured person, if he shall
accept the same shall not thereafter have or maintain any suit for the recovery of
damages for the loss or injury sustained by him by reason of the act or omission in
question.
 2007 No.8 Federal Capital Territory Customary Court Act
Power to 33. Subject to the provisions of any rules made under this Act, every customary
summon court shall have power to summon before it for the purpose of giving evidence any
witnesses.
person within the area of jurisdiction of the court or any person outside such area but
within Nigeria.
Person 34. Any person present at a customary court, whose evidence may be helpful
present may to the court, whether a party or not to any cause or matter before the court, may be
be required to
give
required by the court to give evidence in the same manner as if he had been summoned
evidence. to attend and give evidence:
Provided that a person charged with an offence before a customary court shall
not be compelled by the court to give evidence in the proceedings relating to that
offence.

Execution of 35. Subject to the provisions of any rules made under this Act, any judgment or
judgement. order given or made by a customary court in a civil case or matter may be enforced by
seizure and sale of the movable property of the defendant, or by such other methods
of enforcing judgments and orders as may be prescribed by the rules.

Power to 36. In any cause before a customary court in which, pending final determinations
grant Interim thereof, it shall be shown to the satisfaction of the customary court that any property
Injunction or which is in dispute in the cause is in danger of being wasted, damaged, alienated or
impound
otherwise injuriously dealt with, by any party to the cause, the court may issue an
property.
injunction to such party commanding him to refrain from doing the particular act
complained of or, alternatively, may take and keep such property in custody pending
the determination of such cause.

Power to 37.-(1) A customary court may, whenever it shall deem it necessary so to do

appoint for the preservation, proper custody or management of any property in dispute in a
Receiver and cause, appoint any person as a receiver or manager to receive and to take charge of
Manager.
the property and to deal with it in such manner as may be directed by the customary
court.

(2) Any person or persons appointed as a receiver or manager under sub-

section (1) of this section shall be responsible to the customary court for all things
done as receiver or manager, and shall account for or pay to the customary court all
money received in respect of any property referred to in sub-section (1) of this section.
(3) A customary court may make such order as it shall deem fit but subject to the
rules of court or the direction of the President of the Customary Court of Appeal, as
regards the remuneration of any person appointed as receiver and manager and shall
pay to the party entitled thereto all moneys in its custody.
Search
Warrant and 38.-(1) The Chairman of a Customary Court may by warrant under his hand
effect authorise-
thereof.
(a) any premises to be searched for any property alleged to be stolen or
wrongfully obtained; and
(b) the seizure of any such property by the Police or authorised court officers.

(2) The information upon which an application for a search warrant is based
shall be given in writing and upon oath.
 Federal Capital Territory Customary Court Act 2007 No.8

(3) Any property seized as a result of any search shall be taken before the court Power of
to be dealt with according to law. Court to
order
(4) A person residing in or being in charge of a premises ordered to be searched inspection.
shall allow the person authorized to execute the warrant free entry thereto and shall Power to
grant bail.
afford all reasonable facilities for a search therein, and where entry cannot be so Execution
obtained, it shall be lawful for the person holding the warrant to enter into such and Order of
premises and in order to effect such entrance to break open any outer or inner door or other Courts.
window of such premises if after notification of his authority and purpose, and demand Supervisory
authority.
of admittance duly made, he cannot otherwise obtain admittance. Duties of
Inspectors.
39. In any cause or matter, it shall be lawful for a Customary Court, on the
application of either party or of its own motion-

(a) to make such order as the court may think fit for the inspection by the court
of the parties or any witness, or any immovable or movable property the inspection of
which may be material to the proper determination of the question in dispute; and
(b) to give such direction as the court may think fit in regard to such inspection.

40. A customary court may grant bail to any person charged with an offence
which is triable by it on such terms and conditions as the court may think fit.

41. A Customary Court shall carry into execution any decrees or orders of any
Court of law in Nigeria which may be lawfully directed to it and shall execute all
warrants and serve all processes issued by such court and directed to it for execution
or service, and shall generally give such assistance to any court of law in Nigeria as
may be required.
PART VII .-SUPERVISION AND CONTROL OF CUSTOMARY COURTS

42.-(1) There is hereby established an Inspectorate Division of the Customary

Courts which shall consist of-
(a) a Chief Inspector of Customary Courts who shall be a Legal Practitioner
with not less than seven years post-call experience; and
(b) five or more other Inspectors of Customary Courts as the needs of the Court
demand who shall be Legal Practitioners with not less than two years post-call
experience.

(2) The appointment of the Inspectors of Customary Courts shall be made by

Judicial Service Committee on the recommendation of the Chief Registrar.
43.-(1) The functions of the Inspectorate Division of the Customary Courts
shall be-
(a) to monitor the activities of members of Customary Court;
(b) to inspect the records of Customary Courts including revenue;
(c) to report any irregularities or excesses of members of Customary Courts to
the President of the Customary Court of Appeal;
(d) to receive and look into any complaints brought by any party to any
proceedings before a Customary Court.
 2007 No.8 Federal Capital Territory Customary Court Act

(2) Where in the exercise of its powers above, the Inspectorate Division is of
the opinion that any complaint received by it lacks merits, it shall regard the matter as
closed and inform the parties accordingly.

(3) Where the Inspectorate Division finds that a complaint made to it has merit,
it shall report same to the President of the Customary Court of Appeal.
(4) The President of the Customary Court of Appeal on receipt of a report from
the Inspectorate Division may-
(a) cause further investigations to be carried out; or

(b) take any action he may deem appropriate in the circumstances; or

(c) if satisfied that no useful purpose would be served by further investigations,

discontinue the matter or

(d) file his report to the Judicial Service Committee for their appropriate action.
Returns and 44. At such times and in such forms as may be prescribed by the President of
Report on
cases to be the Customary Court of Appeal, every Customary Court shall submit to the President-
submitted.
(a) a list of all causes and matters decided or disposed of by, or brought before
the court during any prescribed period; and
(b) a report of any case or class of cases tried by the Court.
President, 45. The duties of the Inspectorate Division and of the President of the Customary
Inspectors
not to
Court of Appeal pursuant to sections 42-44 of this Act shall be of the nature of
impede the general administrative control and supervision in accordance with this Act:
independence
of Court. PROVIDED that no such supervision or control shall interfere with the judicial
independence of the customary court concerned.
PART VIII.- TRANSFER OF CASES
Power of
Transfer.
46.-(1) On application by any party to a cause or matter, the President of the
Customary Court of Appeal may at any stage of the proceedings before final judgment,
by order, stay the hearing of the cause or matter on such terms as he may consider
just, and upon such order being made-
(i) if the cause or matter appears to be within the jurisdiction of any other court,
by the same or another order direct that the cause or matter be inquired into or tried
or determined by such court as shall appear to have jurisdiction over same; or
(ii) direct in like manner that same shall be inquired into, tried or determined by
another Customary Court or court notwithstanding that the court transferring
same had jurisdiction over the cause or matter.
(2) The Customary Court to which the case is transferred shall be informed in
writing of the reason for making the order of transfer and that court shall adjudicate
and determine the cause or matter.

No Fee for 47.-(1) Notwithstanding the provisions of any written law or rule of court, no
Transfer. fee shall be payable in respect of any transfer made under the provisions of this Act.
 Federal Capital Territory Customary Court Act 2007 No.8

(2) A Customary Court and the Customary Court of Appeal shall have power to
award costs in all civil proceedings before the court and subject to the provisions of
any other law and to rules of court, it shall be in the discretion of the court to determine
by whom and to what extent the costs shall be paid.
PART IX.-APPEALS

48.-(1) Any party, who is aggrieved by the decision or order of a Customary Right of
Court, may within thirty days from the date of such decision or order appeal to the appeal;
Condition of
Customary Court of Appeal. appeal and
Appeals out
(2) The right of appeal to the Customary Court of Appeal shall be subject to the
of time.
conditions and in accordance with the provisions of any law or rules of court, if any,
for the time being in force regulating the practice and procedure of that court with
respect to appeals.
(3) Leave to appeal out of time may, upon reasonable cause being shown, be
granted by the appellate court upon such terms as it shall consider just.
49. The Customary Court of Appeal in exercise of its appellate jurisdiction in Power of
Appellate
civil matters under this Act may- Court in
(a) whether after hearing the whole case or not, reverse, vary or confirm the Civil
Appeals.
decision of the lower court and may make any such order as the court of first
instance could have made in such cause or matter or as it considers that the justice
of the case requires;
(b) quash the proceedings and thereupon, where it is considered desirable,
order any such cause or matter to be re-tried before the court of first instance or
any other court.

50. Where an appeal lies from an order or decision of a Customary Court, the Court may
inspect
Customary Court of Appeal shall have power to inspect the records or books of such
records.
Customary Court relating to the appeal.
PART X.-OFFENCES

Adjudication
51.-(1) Any person who-
without
(a) exercises or attempts to exercise judicial powers vested in a Customary authority.
Court, except in accordance with the provisions of any enactment or this Act; or
(b) sits as a member of such court without due authority, shall be liable on
conviction before a Magistrate Court to a fine of five thousand naira or imprisonment
for twelve months or to both.

(2) Any person other than a member of a Customary Court adjudicating as an

arbitrator upon any civil matter in dispute (other than a petition for divorce) where the
parties thereto have agreed to submit the dispute to his decision shall not be regarded
as exercising judicial powers for the purposes of paragraph (a) of sub-section (l) of
this section.
 2007 No. 8 Federal Capital Territory Customary Court Act

(3) No prosecution under this section shall be instituted without the consent in
writing of the Attorney-General of the Federation.
Penalty for
obstructing 52.---(1) Any person who-
persons
(a) assaults, obstructs, molests or resists; or
executing
Court Order. (b) aids or incites any other person to assault, obstruct, molest or resist any
person acting or proceeding to act in the execution of his duties under the provisions
of this Act; shall be guilty of an offence and shall be liable on conviction to a fine
of one thousand naira or to imprisonment for six months or to both

Exaction of 53.-(1) No fees or fines in excess of those authorised by or pursuant to this

fees and fines Act or any other written law shall be demanded or exacted from any person in respect
in excess of
those
of any cause or matter in a Customary Court.
authorised.
(2) Any member, officer or servant of a Customary Court who contravenes the
provisions of Subsection (1) of this section shall be guilty of an offence and shall be
liable on conviction to a fine of one thousand naira or to imprisonment for six months
or to both.
(3) The Court may order any amount exacted in excess to be refunded to the
person entitled thereto.

(4) If default shall be made by any person against whom an order to refund has
been made under Subsection (3) of this section, the amount ordered to be refunded
may be levied by distress and, in default of sufficient distress, the person defaulting
may be committed to prison for any term not exceeding six months in addition to any
sentence imposed under the provisions of Subsection (2) of this section.

Refusal to 54. Any person who-

produce
(a) refuses to produce or deliver up a document on the lawful order of a
documents.
Customary Court; or
(b) refuses to answer any question lawfully asked by a Customary Court; or
(c) intentionally interrupts the proceedings of a Customary Court at any stage
shall be liable on conviction to a fine of five thousand naira or to imprisonment for
two months.

55. Any person who, without reasonable cause or excuse, fails to obey any
Failure to
obey valid summons issued under the provisions of this Act or any other law shall be
summons. arrested and brought before the Customary Court issuing such summons or before
such other Court as may have jurisdiction over such person and shall be liable on
conviction to a fine of one thousand naira or in default of payment of such fine to
imprisonment for seven days.

Refusal to 56.---(1) Any compellable witness who without reasonable cause or excuse
give evidence ; refuses to give evidence on being required so to do by a Customary Court under the
Giving false provisions of this Act or any other law commits an offence and shall be liable to a fine
evidence.
of one thousand naira or imprisonment for fourteen days.
 Federal Capital Territory Customary Court Act 2007 No.8

(2) Any person who in any proceedings before a Customary Court gives
evidence, whether on oath or otherwise, which he knows to be false or believes to be
false or does not believe to be true commits an offence and shall be liable on conviction
to a fine of five thousand naira or to imprisonment for a period of two years or to both
such fine and imprisonment.
57. Any person who, with intent to defeat, obstruct or pervert the course of Perversion
justice in any cause or matter in a Customary Court- of course of
justice.
(a) causes any person to delay in giving or to refrain from giving evidence
before the court; or
(b) attempts wrongfully to interfere with or influence a witness whether before
or after that witness has given evidence in connection with such evidence; or
(c) prevents any person from giving evidence before the court; shall be guilty
of an offence and shall be liable on conviction to a fine of two thousand naira or to
imprisonment for six months or to both.
58. Any clerk or member of a Customary Court who knowingly renders a false Rendering
return of the cases tried or the penalties imposed by such shall be guilty of an false returns.
offence and shall be liable on conviction to a fine of two-thousand naira or to
imprisonment of six months or to both.
Falsification
59. Any person being charged in accordance with this Act or rules made under of records.
this Act with the duty of recording the proceedings of a Customary Court, who
knowingly makes a false record of the proceedings of the court shall be guilty of an
offence and shall be liable on conviction to a fin of two thousand naira or to
imprisonment for six months or to both.

PART XI.- FINANCIAL PROVISIONS

Collection
60.-(1) All monies paid to and received by a Customary Court in the course of
and custody
discharging its functions under this Act shall be paid into and form part of the of revenue.
Consolidated Revenue Fund of the Federal Government of Nigeria.

(2) The premises inclusive of buildings, properties and other structures used
by a Customary Court shall be provided and maintained by and shall be the property
of the Federal Government of Nigeria.
(3) In all matters of revenue collection and disbursement, the Customary Court
shall be guided by the provisions of the Financial Regulations and any similar
enactments for the time being in force.
PART XII.-RULES OF COURT

61. Subject to the provisions of this Act, the President of the Customary Court Power to
make Rules
of Appeal shall make rules providing for any or all of the following matters- of the Court.
(a) the regulation of the practice and procedure of the Customary Court ;
(b) the recording of the proceedings of Customary Courts;
(c) the powers of Customary Courts to issue process for the institution of
causes and matters and to compel the attendance of defendant before the courts;
 2007 No.8 Federal Capital Territory Customary Court Act

(d) the exclusion of the public from a Customary Court in accordance with the
provisions of this Act or any other law;
(e) the regulation of the issue of summons to witnesses;
(f) the carrying into execution of the orders or decrees of Customary Courts,
whether such Customary Courts are established under this Act or under any other
written law;
(g) the execution of the decrees, orders, warrants or other processes of
Customary Courts and the service of the processes of such courts where such
decrees or orders are made or such warrants or processes are issued in respect of
persons or property not within the area of jurisdiction of the Customary Court
making or issuing same;
(h) the courts or authority by which the decrees, orders, warrants or processes
mentioned in paragraphs (f) and (g) of this subsection shall be carried into execution,
executed or served ;
(i) regulation of any matters relating to the costs of proceedings in Customary
Courts;
(j) the maximum fees which may be charged-
(i) in Customary Courts;
(ii) for appeals from Customary Courts to the Customary Court of Appeal.
(k) the reduction of prescribed maximum fees in respect of all or any Customary
Courts or proceedings; the application of such maximum or reduced fees to such
Customary Courts or proceedings and manner in which and the persons by whom
such reduction and application may be made;
(l) the grant of bail to accused persons and to convicted persons pending an
appeal and the regulation of the conditions of and the procedure for the granting
of such bail;
(m) the definition of duties of any officers of the Customary Court ;
(n) the time within which any act, matter or thing shall be carried out or performed
for the purposes of this Act; and
(o) generally for the carrying into effect of the provisions of this Act.

PART XIII.- TRANSITIONAL AND MISCELLANEOUS PROVISIONS

62. Where immediately before the commencement of this Act any proceeding
Transitional
Provisions. has been instituted in any court other than in a Customary Court in respect of any
cause or matter over which a Customary Court is conferred with jurisdiction under
this Act, such proceeding shall, except in cases where judgment only is to be delivered,
be transferred to and be commenced de novo by the Customary Court exercising
jurisdiction in the cause or matter.
63. Nothing in this Act shall preclude any Magistrate or Judge of an Area Court
Savings
from proceeding with or concluding any issues, causes or matters which, upon the
coming into force of this Act are pending in his court, whether or not, jurisdiction to
 Federal Capital Territory Customary Court Act 2007 No.8

adjudicate on such causes or matters has been transferred to the Customary Court by
this Act.

64. Sections 20 and 21 of the Area Courts Act Cap. 477, Laws of the Federation Repeal of
certain
of Nigeria (Abuja) 1990 are hereby repealed. sections of
Area Court
Act.

65. The Customary Court and Customary Court of Appeal FCT Abuja shall in Applicability
Judicial Proceedings be bound by the provisions of sections 14, 15,59,76,77,78,92, of certain
provisions of
93,135,136,155,177and 227 of the Evidence Act. Evidence
Act.
PART XIV-INTERPRETATION AND CITATION

66. In this Act- Interpretation.

"action" means civil proceedings instituted in a Customary Court in accordance

with this Act or Rules made thereunder.

"Area Court" means a court establish for the FCT by Decree No. 12 of 1984.
"cause" includes any action, suit or other original proceedings between a plaintiff
and defendant, and any criminal proceeding.
"Chief Judge" means the Chief Judge of the Federal Capital Territory.

"Chief Registrar" means the Chief Registrar of the Customary Court of Appeal
appropriate and applicable to any particular cause, matter, dispute, issue or question.
"Decision" means a judicial determination after consideration of the facts and
the law and includes a ruling, order or judgment pronounced by the court when
considering or disposing a case.

"Defendant" includes every person served with any writ of summons or process
or with notice of, or entitled to attend any proceedings in a civil cause;
"Execution creditor" includes every person having Title to enforce a judgment
or order of court by process of execution.
"High Court" means the High Court of the Federal Capital Territory, Abuja.
"Judge" includes the Chief Judge of the Federal Capital Territory, Abuja, the
President of the Customary Court of Appeal Abuja or the Grand Khadi of the Sharia
Court of Appeal, Abuja or a Judge of the High Court or of the Customary Court of
Appeal Abuja.
"Judgment" includes a decree or order or ruling of the Court ;

"Judgment debtor" includes every person ordered by a judgment or order in a

civil cause or matter to pay money or to do or abstain from doing any act.
"Judicial Service Committee", (see Committee)
"Legal Practitioner" or ‘Lawyer' means a person admitted and enrolled to
practise as a Barrister or Solicitor in the Supreme Court of Nigeria pursuant to the
Legal Practitioners Act 1975 ;
 2007 No. 8 Federal Capital Territory Customary Court Act
.
"Matter" includes any proceeding in a Court.
"Member' means a member of the Customary Court and includes the Chairman;
"Native" in relation to the area of jurisdiction of the customary court means a
person who is a member of a community and resident in an area indigenous to any
part of Nigeria including the Federal Capital Territory.
"Oath" includes solemn affirmation and statutory declaration;
"Order" means a written direction or command delivered by the court or judge.
"Party" includes any person served with notice of or attending any proceeding
although not named on the records;

"Plaintiff' includes every person seeking any relief (otherwise than by way of
counterclaim as a defendant) against any persons by any form or proceeding by
action, suit, petition, motion, summons or otherwise;
"Pleading" includes any petition, summons, writ and also the statements in
writing of the claim or demand of the plaintiff and of the defence of any defendant
thereto, and of the reply of the plaintiff to any counterclaim of the defendant;
"President" means the President of the Customary Court of Appeal, Abuja ;
"Public service" means the public service of the Federal Republic of Nigeria ;
"Rules of court" means rules of practice and procedure made pursuant to this
Act and includes court forms;
"Supervising authority" in relation to a Customary Court means the person
empowered in accordance with this Act or any other law to supervise that Court ;
"Territory" means the. Federal Capital Territory, Abuja.
Citation 67. This Act may be cited as the Federal Capital Territory Customary Court Act,
2007.
 Federal Capital Territory Customary Court Act 2007 No.8

SCHEDULE Sections 1 and 14

PART I.-CIVIL CAUSES LIMIT OF JURISDICTION AND POWER

Types a/Causes Grade A Grade B Grade C

1. Matrimonial causes and matters
between persons married under
customary law or arising from or
connected with a union contracted
under customary Law other than
those arising from or con-
nected with a Christian marriage
or marriage under Islamic Law
as defined in section I of the
Criminal Code Act. ... ... ... .. Unlimited Unlimited Unlimited

2. Suits relating to the custody of

children and guardianship of
children under customary law. Unlimited Unlimited Unlimited

3. Civil causes and matters

including bye-laws where the
debt, demand including dowry,
bride price or damages do not
exceed the amounts specified
in the respective columns hereof.. ..... Unlimited N200,000.00 N100,000.00

4. Causes and matters relating to

succession to property and adminis-
tration of estate under customary
law where the value of the
property does not exceed the
amounts specified in the
respective columns hereof ... Unlimited Unlimited N100,000.00

5. Civil causes and matters under

any law (other than customary law)
including bye-laws where the
amount of debt, demand or damages
does not exceed the amount
indicated in the column hereof. Unlimited Unlimited N100,000.00
 2007 No.8 Federal Capital Territory Customary Court Act

PART II.--CRIMINAL CAUSES

Type of offences
1. Contempt of court committed in the face of the Court.
2. Cases where criminal jurisdiction is conferred on the Court by this Act.

3. Statutory offences as may be provided in any other law or bye-law, where

jurisdiction is specifically conferred on the Court.

1 certify, in accordance with Section 2 (1) of the Acts authentication Act, Cap. 4,
Laws of the Federation of Nigeria 1990, that this is a true copy of the Bill passed by
both Houses of the National Assembly.

NASIRU IBRAHIM ARAB,

Clerk to the National Assembly
25th Day of May, 2007.

EXPLANATORY MEMORANDUM

This Act provides for the establishment of Customary Court for the Federal
Capital Territory, Abuja and prescribes the mode of its operation and supervision.
 SCHEDULE TO FEDERAL CAPITAL TERRITORY CUSTOMARY COURT BILL, 2007
(1) (2) (3) (4) (5)
Short Title of Long Title of the Summary of the Date passed by Date passed by
the Bill Bill contents of the Bill Senate House of
Representatives

Federal Capital An Act to establish a Cus- This Bill provides for the 30th January, 2007, 30th January, 2007,
Territory Customary tomary Court for the Federal establishment of the Customary
Court Bill, 2007, Capital Territory, Abuja and Court for the Federal Capital
to prescribe the mode of its Territory, Abuja and prescribes
operation and supervision, the mode of its operation and

supervision,

I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be
true and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap, 4, Laws of the
Federation of Nigeria, 1990.

NASIRU IBRAHIMARAB
I ASSENT,
Clerk to the National Assembly
25th Day of May, 2007,

LS CHIEF OLUSEGUN OBASANJO, GCFR

President of the Federal Republic of Nigeria
28th Day of May, 2007,