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 That Evidence Act has been repealed.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

DIVORCE (TALAAQ) AND THE RIGHTS OF DIVORCED WOMEN UNDER ISLAMIC LAW BY Hon. Amina Salihu Ingawa * 1.Introduction D ivorce in Islam though legally allowed, is the permissible thing most detested by Allah (The Most High). Despite its distaste in Islam, divorce is allowed because it may be the only solution to some marital problems. It is also conceivable because Islam, being a religion of peace that strives to make life easier and not difficult for Muslims, would not insist that a man and a woman remain together in perpetual bondage or hardship in order to sustain a marriage. Therefore, divorce is provided for to the extent that a whole chapter of the Quran is named after it. Several other verses of the Quran also address the issue of divorce exclusively. In that regard a lot of regulations have been stipulated in order to govern the manner in which divorce should be handled. Sadly, a lot of times divorce occurs without recourse to these laid down procedures; and this disregard

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 unwritten which makes them only ever appropriately identifiable by their usage and when

CUSTODY OF CHILDREN AND THE CONFLICT OF RIGHTS IN MATRIMONIAL DISPUTES. By Hon. Ehusani Abel Simpa

CUSTODY OF CHILDREN AND THE CONFLICT OF RIGHTS IN MATRIMONIAL DISPUTES [1] INTRODUCTION In the matrimonial phase of life, children are a heritage from the lord, the fruit of the womb is his reward. Children are God’s best gift, they are his generous legacy. [2] The value of a life in all its formative, tender, maturing and fully mature stages is limitless, infinitely high and cannot be compared with any material purchase or acquisition. The gift of life is best celebrated when we consider the totality of all the animate expressions; from the bundle of joy a baby innately brings to the amazingly distinct identity of an adult as displayed through the process of growth. When adults get married, their matrimonial journey begins, the cycle of life unveils another dimension for them which is the springboard for their children. Every human being has fundamental and inalienable rights but the elements of conflict are also undeniably part of the configuration of the universe.

AN ALL-ROUNDER JUDGE By Hon. Umaymah Yahaya Abdullahi

AN ALL-ROUNDER JUDGE By Hon. Umaymah Yahaya Abdullahi S ocrates aptly described the essential qualities of a good Judge thus: “ To hear courteously, to answer wisely, to consider soberly and decide impartially” These words remain true today as they were when he spoke then more than 2400 years ago. [1] The Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria is a concisely detailed document adopted to serve as minimum standard of conduct to be observed by every Judicial Officer as defined in the Code. Most Judges adhere strictly to the Code, especially with regards to restrictions in personal or private conduct which can be quite prohibitive and restrictive to suggest that only the most conservative of people can fully comply with them. A person naturally predisposed to an active social life will definitely find a career in the Judicial bench very restrictive and cumbersome. As much as a Judge is required to be circumspect in conduct of his

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, culture, tradition and belief systems. Disputes are inevitably part of human existence and this is why the need for justice will always be undeniable. In Abuja, the Federal Capital Territory, there is the conspicuous enthusiasm of urbanization which accounts for the identifiable presence of residents who speak diverse native languages and subscribe to different cultural and traditional realities. So many people, tribes and tongues; Gbagyi, Hausa, Ebira, Yoruba, Fulani, Igbo, I

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

CUSTOMARY MARRIAGES IN NIGERIA: MISCONCEPTIONS AND VULNERABILITY OF WOMEN. BY HON. FATIMA A. NAHUCHE [1] T here are 3 types of marriages in Nigeria vis; 1.1 Statutory marriage This is also known as marriage under the Act because it is governed by the Marriage Act Laws of the Federation of Nigeria (LFN) 1990, it was referred to as Marriage Ordinance before it was re-enacted into an Act. This type marriage is recognised by the law and serves as an evidence of a marriage contract between a couple. A couple wishing to be married under the Act, will first of all obtain a Notice form which is marked form A , this form will contain the couple’s personal details. They will be asked to submit the form along with 2 passport photographs and the form is posted on the notice board of their selected registry for 21 days after which their application is entered into the Marriage Notice Book . After the expiration of the 21 days’ notice and upon the payment of the necessary fees, the R

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 spot with little or no real

JUDICIAL APPROACH TO CUSTOMARY LAW MARRIAGE By Hon. Tyo, Emmanuel Oraduen

JUDICIAL APPROACH TO CUSTOMARY LAW MARRIAGE By Hon. Tyo, Emmanuel Oraduen [1] T he Judiciary is the third but most vital arm of government that is exclusively, vested with the powers of interpreting the laws as made by the legislature [2] . Whether or not the Judiciary gets into the back door of legislative buildings to make laws by precedent but live in denial of same, is a topic for another day. The Judicial arm of government to my mind is the most vital because it has the ability to stabilize the society with her sound, qualitative and justiciable decisions. Or destroy a Nation to its roots with its anachronistic, biased and unbalanced Judgments that will breed chaos and anarchy in the society. This explains why the government must at all times handle all cadre of Judges and Justices of the Superior Courts with love and tender kindness by providing them sufficient welfare packages and conducive environment to keep their minds and thoughts in check on the path of deve

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