HOW THE EVIDENCE ACT 2011 APPLIES TO CUSTOMARY COURTS. By Hon. Ehusani Abel Simpa

The legal framework and structural reality of every sector of human interaction is important in understanding the dynamics of progress and development. An effective understanding of the workings of government institutions makes for better policy implementation through a conscious and consistent preservation of excellence in accountability.

It is not fallacious to accept the fact that an improved or truly developed system is perfectly pictured through the applicable laws that govern choices and decisions. This is to say that the standard of laws regulating different realities directly shape the definition of the confines of those realities. Be it native laws and customary practices or codified statutory provisions, the truth about the dynamic nature of laws and effective legal frameworks make for perfectly desirable realities.

Interpretation of laws come with a dimension of legal expertise that cannot be underrated because the spirit and purpose of every piece of legislation is structured into the cardinal fabrics of the known rules of statutory interpretation.

Laws would always be interpreted, applied and/or enforced in line with the intention of the law makers. It is therefore a no brainer to appreciate the need for direction and wisdom in being deliberate about ensuring that purposeful intentions remain at the core of the foundations of every legislation and/or customary law principle.

In the Federal Capital Territory of Nigeria, the Evidence Act is generally not applicable to customary courts. However, the exception is detailed in Section 65 of the Federal Capital Territory Customary Court Act 2007. There has however been this consistent debate and argument regarding the true applicability of the Evidence Act. For example, Section 77 of the Evidence Act Cap. E14 Laws of the Federation of Nigeria 2004, which was in operation as at 2007 when the FCT Customary Courts were created, lists certain conditions that oral evidence must meet. That Evidence Act has been repealed. The Evidence Act 2011 is now the existing law of evidence. The FCT Customary court sitting in Kwali has had reasons to evaluate the position of the law of evidence as applicable. Please get the ruling here Evidence Act Ruling

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DIVORCE (TALAAQ) AND THE RIGHTS OF DIVORCED WOMEN UNDER ISLAMIC LAW By Hon. Amina Salihu Ingawa

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CUSTOMARY COURTS: PRESERVING FUNDAMENTAL HUMAN RIGHTS BY SUBJECTING TRADITIONS, CUSTOMARY LAWS AND NATIVE REALITIES TO THE REPUGNANCY AND COMPATIBILITY TESTS IN THE PROTECTION AGAINST SEXUAL AND GENDER BASED VIOLENCE

CUSTOMARY COURTS: PRESERVING FUNDAMENTAL HUMAN RIGHTS BY SUBJECTING TRADITIONS, CUSTOMARY LAWS AND NATIVE REALITIES TO THE REPUGNANCY AND COMPATIBILITY TESTS IN THE PROTECTION AGAINST SEXUAL AND GENDER BASED VIOLENCE BY EHUSANI ABEL SIMPA [1] We may not want to hear about consequences in this day and age, but the truth still stands – if we let our selfish passions have their way, it will only be a matter of time before negative consequences begin to manifest. Tears and sorrow can never wash away the consequence for wrongdoing. Crying and wishing things were different doesn’t change a person’s life. Changing one’s character changes one’s life. - Robb Thompson [2] INTRODUCTION There are realities that are peculiar to the culture and tradition of people who subscribe to or are made subject to their applications by factors relevant to them. Customary laws are intrinsically unwritte...

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SUBSTANTIAL JUSTICE AT LITTLE COST AND TIME: THE PECULIARITY OF THE FEDERAL CAPITAL TERRITORY CUSTOMARY COURTS. By Hon. Ehusani Abel Simpa

SUBSTANTIAL JUSTICE AT LITTLE COST AND TIME: THE PECULIARITY OF THE FEDERAL CAPITAL TERRITORY CUSTOMARY COURTS BY HON. EHUSANI ABEL SIMPA * INTRODUCTION Unity in diversity has been the most desirable expression of the preferred reality in Nigeria. With 36 state and the Federal Capital Territory, this great country has a population so colorful with peculiarities inherent in different languages, custom, cult...

AN ALL-ROUNDER JUDGE By Hon. Umaymah Yahaya Abdullahi

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CUSTOMARY MARRIAGES IN NIGERIA: MISCONCEPTION AND VULNERABILITY OF WOMEN. By Hon. Fatima A. Nahuche

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CONTROLLING OUR SEDENTARY LIFESTYLE IN THE WAKE OF A GLOBAL PANDEMIC

The year 2020 being the year of the full blown shift in lifestyle dimensions resulting from the coronavirus also registered a complete alteration in almost all known human forms of interactions; education, work, business and everything. Whereas in the years leading up to these covid19 years, the facts remain that we already had our lives gradually slipping off our control. With modern gadgets, smart electronic devices, reality TV etc., and of course the lockdown, social distancing and other advanced/protective living conditions, a sedentary lifestyle now commonly trends among not just the high and mighty or the professional career people but the average low income earners too. With the internet, social media, work-from-home conditions, virtual learning and video conferencing/meetings our typical everyday patterns of living now commonly involves little or no physical activity. We are almost all now living a sedentary lifestyle because we now often remain on a spo...

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