The Akwa Ibom State Judiciary has inaugurated a 10-man committee to formulate new Customary Court Rules for effective administration of customary courts in the state.
The State Chief Judge, Justice Ekaette Fabian-Obot who inaugurated the committee in her office in Uyo yesterday, stated that the present Customary Court Rules came into being 54 years ago, and are no longer reflective of the realities of the moment.
Justice Obot pointed out that those rules which accompanied the Akwa Ibom State Customary Courts law had become obsolete, deficient and incapable of supporting the effective dispensation of justice in the Customary Courts and the communities.
“The present Customary Court Rules, Akwa Ibom State, came into being in 1969, 54 years ago. These rules which accompanied the Akwa Ibom State Customary Courts Law, Cap 40 Laws of Akwa Ibom State of Nigeria, 2000 had become obsolete, deficient and incapable of supporting the effective dispensation of justice in the Customary Court as it is no longer reflective of the realities of the moment in the Courts and communities.” The CJ said.
She noted that those rules of Court which were made to serve Customary Courts that were presided over by laymen were not amended even when lawyers were appointed to replace them in 2015.
She also explained that the new Akwa Ibom State Customary Courts Law, 2022 with numerous innovations had repealed certain the hitherto legislation thereby making it possible for new rules to be formulated to guide proceedings in these Courts.
“On the 11th of July, 2022, a new Akwa Ibom State Customary Court Law came into force with numerous innovations which further underscores the formulation of new rules to guide proceeding in these Courts.
“The provision of Section 76 of the new Customary Courts Law provides that “The Customary Courts Law Cap 40, Laws of Akwa Ibom State, 2000, the Customary Court (Amendment) Law, 2003, and all subsidiary legislations and regulations relating to the Customary Courts in force immediately before the commencement of this law are hereby repealed”.
The Chief Judge said the focus of the new Customary Courts Rules should aim at facilitating the court in arriving at justice without undue regards to technicalities, emphasizing that cognisance should also be taken of the need for efficient and innovative ICT compliant rules as applicable in progressive jurisdictions.
The committee, which has four months to complete its assisgnment, is headed by Justice Theresa Obot of the State High Court, Uyo has Emem E. Okokon Ndem, the Chief Registrar of the Customary Court of Appeal as Secretary.
Other members of the Committee are Justice Bassey Nkanang, Ekerete Christopher George, Ubong Fabian Edemekong, and Iniobong Philip Etuknwa, Mrs. Ime Mfon Obot (legal draftman), Professor Etefia Ekanem, Peter Ime Akpan, and Ekemini Uwah Umoh.
In her response, the Chairman of the Committee, Justice Theresa Obot, commended the State’s Chief Judge, for the honour done them for inaugurating the Committee, pledging that they would complete its assignment on schedule.
Terms of reference of the Committee include drafting rules for the smooth operation of Customary Courts, facilitating the Customary Courts to arrive at substantial justice without undue regard to technicalities and making efficient and innovative ICT compliant rules as applicable in progressive legislations.
Culled from The Sun
