Cross River Customary Court Bill Lawyers: New Law Mandates Chairmen

• The Cross River State House of Assembly has passed the Customary Court Bill, 2026, mandating legal practitioners as chairmen of customary courts.
• This legislation aims to professionalize grassroots justice administration and improve record keeping across the state.
• The new law expands customary court jurisdiction to include matters like gender-based violence cases.
• Each court will comprise a legal practitioner as Chairman and two members, with provisions for improved conditions of service.
• The reform represents a significant step towards judicial reform and enhanced access to justice in Cross River State.

The new legislation is poised to significantly professionalize grassroots justice administration, creating new judicial opportunities for Cross River Customary Court Bill lawyers and ensuring a higher standard of adjudication.

The Cross River State House of Assembly has enacted a significant reform in its justice system by passing the Customary Court Bill, 2026. This landmark legislation mandates that all chairmen of customary courts must be legal practitioners, signaling a major overhaul in the administration of grassroots justice across the state. The bill successfully navigated its third reading, following the comprehensive report presented by the House Committee on Judiciary, Public Service Matters, Public Petitions and Complaints Commission.

Rt. Hon. Davies Etta, who chairs the committee, highlighted that the primary objective of this new law is to modernize the existing customary court framework, which was originally established under a 1976 law and later codified in 2004. This initiative aims to bolster the efficiency of customary justice administration, elevate professional standards, and ensure more rigorous record-keeping practices throughout Cross River State. The passage of this bill marks a pivotal moment for Cross River Customary Court Bill lawyers, opening new avenues for their expertise within the judicial system.

A cornerstone of the Cross River State Customary Court Law 2026 is the explicit requirement for the chairman of each customary court to be a legal practitioner possessing the requisite years of professional experience. This provision is specifically designed to enhance the quality of adjudication at the local level, ensuring that legal expertise underpins decisions affecting communities. Beyond the chairman, the law also sets out minimum qualifications for other members of the court, alongside provisions for improved conditions of service, reflecting a broader commitment to professionalizing the entire customary court structure.

Furthermore, the reform introduces a robust system for proper court registers and systematic record keeping. Under the previous arrangement, the chairman and other court members were responsible for maintaining records, often in addition to their adjudicatory duties. The new law designates specific officers to handle the recording of proceedings and the meticulous maintenance of official records, thereby streamlining operations and improving accountability within Cross River grassroots justice administration. This shift underscores a commitment to transparency and efficiency, crucial elements of modern judicial practice.

Each customary court under the new law will be constituted by a Chairman, who must be a legal practitioner, and two additional members, with clear stipulations regarding quorum and tenure. A significant aspect of this Nigeria customary court reform is the expansion of jurisdiction to encompass a wider array of matters suitable for local determination. Notably, this includes the explicit inclusion of gender-based violence customary court jurisdiction, allowing these sensitive cases to be addressed within the framework of local justice, albeit within the defined limits of the law.

To accommodate extensive feedback from stakeholders, the legislation underwent a substantial restructuring. It was expanded from its original two parts, 65 sections, and a single schedule, to a more comprehensive framework comprising 10 parts, 66 sections, and two schedules. This detailed structure now covers various critical areas, including the establishment and jurisdiction of customary courts, procedural guidelines for proceedings, ancillary powers, mechanisms for control, transfer of cases, appeals processes, roles of court officers, rules of court, and other miscellaneous provisions. This comprehensive approach reflects a thorough effort to create a robust and adaptable legal instrument.

The Speaker of the Assembly, Rt. Hon. Elvert Ayambem, lauded the passage of the Customary Court Bill, 2026, as a monumental stride in the Assembly's dedication to judicial reform and broadening access to justice at the grassroots level. This legislative achievement is expected to have profound implications for the legal landscape in Cross River State, particularly for legal practitioners customary court chairman roles, which now require qualified lawyers.

Prior to the bill's final passage, the committee engaged in extensive consultations with key stakeholders, including the Chief Judge of the State, traditional institutions, various customary court stakeholders, and the general public through a widely publicized public hearing. This inclusive process ensured that diverse perspectives were considered, contributing to a well-rounded and impactful piece of legislation. The new legislation is poised to significantly professionalize grassroots justice administration, creating new judicial opportunities for Cross River Customary Court Bill lawyers and ensuring a higher standard of adjudication.

Lawyers in Cross River State should note the new Customary Court Law, which mandates legal practitioners as chairmen, creating new judicial opportunities and professionalizing grassroots justice. This reform also expands court jurisdiction, including gender-based violence cases, requiring practitioners to understand the updated procedural and substantive changes.

Source: Original reporting via Vanguard