Welcome, Guest: Join Nairaland / LOGIN! / Trending / Recent / New
Stats: 2,711,321 members, 6,403,656 topics. Date: Sunday, 25 July 2021 at 11:42 AM

Evidence Act In Customary Court By Barrister Okey Orji - Nairaland / General - Nairaland

Nairaland Forum / Nairaland / General / Evidence Act In Customary Court By Barrister Okey Orji (225 Views)

C'river CJ Renovates Customary Court Of Appeal, Deliver To Judges / Is Affidavit Sworn In A Customary Court Valid?? / Difference Between A Lawyer, A Solicitor, An Attorney And A Barrister (2) (3) (4)

(1) (Reply)

Evidence Act In Customary Court By Barrister Okey Orji by Dailymemoirs: 1:08pm On Jul 03, 2018

Can the Evidence Act 2011 actually apply to Judicial Proceedings before Customary Courts in Nigeria?

By Barr. Okey Orji

Customary Courts in some cases are also known as Native Courts. Customary Courts are established where necessary under the relevant state law. It is pertinent to note that every Customary Court is a court of record. They exist in all the states of Southern Nigeria.
It is submitted without fear of ambiguity that the rationale for the existence of Customary Courts in Southern Nigeria is to do substantial justice in consonance with the customs and tradition of the people. This was judicially endorsed in the case of Arum v. Nwobodo (2004) 9 NWLR (Pt. 878 ) 411 where the court espoused the principles governing proceedings of Customary Court as follows:

“The cardinal principle governing the Court’s proceeding is the attainment of substantial justice based on the reasonable practice, tradition and custom of the local people.”

A cardinal question which we intend to answer is, does the Evidence Act 2011 actually apply to judicial proceedings in Customary Courts? The answer to this question can only be properly adumbrated with proper reference to the evidence Act itself. It is submitted without any fear of contradiction that the provisions of the Evidence Act itself, determines with utter finality the Courts, where the Evidence Act applies. Against this background, it is pertinent to examine the Evidence Act with a historical perspective. Consequently, a

(1) (Reply)

Cristiano Ronaldo's Move To Juventus F.C. Finally Confirmed. / Listen And Know Your Own Life / Man With The Longest Fingernails Finally Cuts Them Off

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2021 Oluwaseun Osewa. All rights reserved. See How To Advertise. 37
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.