Customary Court of Appeal Flashcards

1
Q

What section makes provision for the establishment of the Customary Court of Appeal

A

Section 280 (1)
Section 280 (2) on its composition - a president of the Customary Court of Appeal of the state and such number of judges of the Customary Court of Appeal as maybe prescribed by the State House.

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2
Q

The appointment of officials of the Customary Court of Appeal

A

Section 281 (1) - President
Section 281 (2) - Judge
Section 281 (3) - qualification
Section 281 (4) - Vacancy and inability to perform duties
Section 281 (5) - exception to 4

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3
Q

Is there any case law on the jurisdiction of the Customary Court of Appeal of a State

A

Yes. Section 282 (1) - authorize the court to exercise appellate and supervisory jurisdiction in civil proceedings involving questions of customary.
(2) For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and decide such questions as may be prescribed by the House of Assembly of the State for which it is established. Thus, in Ojisua v. Aiyabelehin, the court held that the law making power of the legislative is in relation to the Customary Court of Appeal, which must be related to Customary law. Also, in Dang Pan v. Sale Dang Gwon, Appeal lies as of right to the Court of appeal from the judgment of the Customary Court culture of appeal of a State.

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