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Published byRandell Floyd Modified over 8 years ago
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Minimum of 3 and maximum of 5 members including the president. 2
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Renewable term of 5 years. 3
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President or member shall be disqualified if: Mentally impaired, unable or unfit to discharge functions Convicted of an offence involving fraud, dishonesty or moral turpitude For reason of indiscipline or misconduct the Commission determines that he be removed from office. 4
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Three Members form a quorum The opinion of majority of the members shall be deemed and taken to be the decision of the court. President shall exercise a casting vote in the event of an equality of votes 5
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The Commission regulates the Terms and conditions of service Salaries, allowances or fees to be paid Leave and other benefits 6
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Matrimonial causes and other matters between persons married under customary law. Guardianship and custody of children under customary law. Inheritance upon intestacy and the administration of intestate estates under customary law- value of property must not exceed N 5000 Civil causes and matters conferred under any bye-law passed by a Local Government which does not exceed N5000. 7
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Chief Judge can authorise the increase of jurisdiction in civil or matters to be exercised by any court where commission makes recommendation in an official gazette. He may also authorise Customary Court to impose fees in a gazette. He can also revoke any authority exercised under this section in a the state official gazette. 8
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Customary law which is applicable and is not repugnant to natural justice, equity and good conscience or incompatible directly or indirectly with any law in force No party can exclude the jurisdiction of the court by way of contract. Customary court can enforce jurisdiction on any law which confers jurisdiction and all rules and bye laws made by local government council or having effect as if though made. 9
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Other than Land causes, place of trial is where the defendant was at the time the cause of action arose. 10
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proceedings should be without due formality and should not be protracted. 11
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The decision shall be reduced to writing on the day that the proceedings are concluded Court has power to summon witnesses for the purpose of giving evidence 12
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A Person would be held in contempt and guilty of N5,000 or to imprisonment or other correctional remand for up to 14 days or to any custodial sentence if he Insults a Customary Court President or any of its members Intentionally interrupts court proceedings Commits acts of contempt in the face of the court 13
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The Chief Judge may make rules : Regulating the practice and procedure in their original jurisdiction and in respect of appeals For recording of the proceedings of customary courts Prescribing its powers to issue process for the institution of causes and matters and to compel attendance of defendants For the exclusion of the public from a customary court Regulation of issuance of summons to witnesses Provisions for executing the orders of the courts and service of processes Regulating any matter relating to costs of proceedings Defining the duties of any officer of customary courts Prescribing powers of customary courts to impose consecutive or concurrent sentences of imprisonment Generally for the carrying into effects provisions of this law 14
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