Federal Capital Territory Customary Court Act, 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.

Arrangement of Sections

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.

PART 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

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.