No. 36, P.O.W. Mafemi Crescent, Utako District, Abuja, FCT

Rules of Court & Procedure


The Customary Court of Appeal and the Customary Courts in the Federal Capital Territory operate under clearly defined rules and procedures to ensure fairness, efficiency, and adherence to customary law principles.


Governing Laws & Rules

 

The proceedings and practice in the Customary Court of Appeal and Customary Courts are regulated by:

 
  • Section 265 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) – establishment and jurisdiction
  • Customary Court of the Federal Capital Territory Act, 2007 – establishment of Customary Courts
  • Customary Court of Appeal Rules – appellate procedure
  • Customary Courts (Probate & Administration) Rules 2023 – specific to probate matters
  • Other relevant subsidiary legislation and practice directions issued by the President of the Court

Core Procedural Principles

 
1. Fair Hearing

Every party shall be given a reasonable opportunity to present their case and respond to the opposing side in accordance with natural justice.

2. Customary Law Application

The Court shall apply the customary law prevailing in the area where the cause of action arose, provided it is not repugnant to natural justice, equity, and good conscience.

3. Timely Justice

Cases shall be heard and determined without undue delay, in line with the constitutional right to speedy trial.

4. Record Keeping

All proceedings shall be recorded, and judgments/decisions shall be delivered in writing with clear reasons.

 

Filing of Appeals & Applications

 

The following must be complied with when filing appeals or applications:

 
Action Time Limit Requirements
Notice of Appeal Within 3 months from date of decision Grounds of appeal, record of proceedings, fees
Application for Stay of Execution Pending appeal Affidavit evidence, memorandum of grounds
Probate / Letters of Administration No strict time limit Death certificate, will (if any), affidavit of next-of-kin
Affidavit / Oath Application Immediate Relevant facts, identification

Note: All fees are prescribed in the official schedule of fees. Late filing may require an application for extension of time supported by good reasons.

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