From Chidi Nnadi, Enugu
The people of Udi kingdom in Udi Local Government Area of Enugu State had looked up to last Thursday. They were in high spirits to welcome customary court experts in their community who were coming to teach them native laws.
Thus in the afternoon, the people had gathered at the civic hall in the popular Eke Square for the town hall meeting, waiting patiently for the parley to begin. The meeting was organized by the Customary Court of Appeal, Enugu in partnership with the British Department of International Development( DFID).
It was the continuation of an earlier meeting held at Ozalla in Nkanu West Local Government Area and Obollo Afor in Udenu Local Government Area in 2015 respectively. In attendance at the meeting, which provided a platform for leaders of the Customary Court of Appeal, the people and other stakeholders to talk about issues affecting customary courts and those who use them, were town unions, faith-based groups and traditional rulers in the area.
In his paper entitled “Jurisdiction of Customary Courts in Enugu State,” the President of the Customary Court of Appeal, Enugu, G. C. Nnamani, told the people and other stakeholders at the meeting that the major source of jurisdiction of customary courts in the state was the Customary Court Law of the State, Cap 32, Laws of Enugu State, 2004 as amended in 2011.
He disclosed that by Section 3{1}-{4} , of the law, the governor was empowered to establish for local government area, such number of customary courts as he deemed desirable, adding that he could do this on the recommendation of the President of the Customary Court of Appeal.
According to him, a customary court has the right to exercise jurisdiction over all persons and classes of persons within the territorial limits of the jurisdiction.
Explaining, he said: “From the foregoing, therefore, it is clear that it is the law alone as encapsulated in the Customary Courts Law 2004 as amended in 2011 in Enugu State that gives jurisdiction to every customary court in the state.
“For emphasis, it is not the people’s custom that confers jurisdiction, it is the written law, the courts can apply the people’s customs as proved before them to the cases before them, but they do not owe their jurisdiction to the said customs.
“Similarly, on trial procedure, it is the written law, not the people’s customs that should be followed. The law on procedure for trial is enacted by Section 21 of the customary court law which provides that ‘the practice and procedure in the customary court shall be in accordance with the law and such rules as many be made.”
The Customary Court of Appeal President, who was represented by Justice Emmanuel Nnamani, a judge, averred that Section 67 in turn confers on the President of the Customary Court of Appeal the powers to make the rules of practice and procedure by which trials shall be conducted in all the customary courts of the state.
He pointed out that it was in exercise of the said powers as conferred on her by the law that the former President of the Customary Court of Appeal, Honourable V.N. Nebo promulgated the Customary Courts Rules of 2011 which he said is now in force.
Shedding more light on the constitutional competence of a customary court, Justice Nnamani explained that in Enugu State, a customary court is fully constituted when the chairman and two other members are in session to hear a case, pointing out that in the absence of the full constitution of the court, at least two members or the chairman and one member must be available for it to sit and effect a trial proceeding.
He also pointed out that the jurisdiction of a court in general and customary court in Enugu State in particular was basically an issue of law, stating that it is the law and law alone that creates, defines, moderates and controls everything about
jurisdiction and competence.
In another paper entitled: “The challenges of Udi Customary Court”, delivered by the Chairman, Udi Customary Court, Ogbuibuo Nebo, he noted that the court needs good tables, chairs and shelves for its files, adding that files were presently kept on the floor. Nebo disclosed that the Ezechime Hall, which houses the Udi Customary Court, also houses the “Flock of Christ Church whose programmes clash with the court activities”, recalling that some years back, the DFID representatives and the present Chief Registrar visited Udi for an inspection of the site donated by Enugu Okpeme kindred for the building of the court hall.
“The site was approved as a good place for a customary court but since then nothing was done about it and the land is still there for the court. The court needs a good sign post,” Nebo said.
Speaking, the President General of Agbudu Town Development Union queried the manner in which about seven additional courts were established recently in Enugu North Senatorial Zone while only two were established in Enugu East.
Also, the Traditional Ruler of Udi Kingdom, Igwe Chris Ogakwu, expressed happiness that the town hall meeting took place in his kingdom, saying that it provided him the opportunity to show appreciation for the solidarity and support
they gave to their amiable daughter, wife and sister, retired Justice Nwaka Nebo.
He thanked the delegation immensely for recognising the position of Udi town as the first Divisional Administrative headquarters of the South East prior to “moving from Udi to Enugu after the discovery of coal about the year 1915 and for deciding to have your town hall meeting here in Udi”.
Igwe Ogakwu showering encomiums on the DFID anchor person, Mrs Josephine Onah, on her organisation’s contribution to the community, wondered why a lot of developmental projects such as regular electricity, water supply and good connecting road network were being considered difficult to be executed for the them.
His words:
“While regretting not to bother you on the above mentioned projects which I know are not your direct responsibilities, I just would want the public to know about them as part of our predicaments in the community. I would always want to speak out my mind without minding whose ox is gored or whatever the persecution from any quarters will be,” he said.
Igwe Ogakwu therefore appealed to the delegation to take the statistics of the regular staff recruitment in the Enugu State Customary Court to enable them discover the injustice done to some local government areas.
He said that since the judiciary was looked upon as the most transparent establishment, it was expected that its transparency should never be in doubt.
Although some members of the delegation responded to the questions asked by the people on the imbalance in the creation of customary courts and pitiable state of some existing ones, most of the people believed that the government should make adequate provision for the court system.
