Why Customary Court?


By Emmanuel J. Samaila, Esq.

“Why Customary Court?”

“Why not Customary Court?”

Their apprehension was understandable.

Their perception of the Customary Court was informed by their memory of its precursor.

They saw the Customary Court as an inferior Court unfitting for a legal practitioner desirous of joining the Bench.

They could not hide their preference for the Magistrate Court with all the privileges and opportunities it is believed to hold.

I had a different perspective.

The decision to join the Bench was premised on the passion for justice and the admiration for adjudication.

The forum did not matter as the common denominator in all Courts is the same: the presence of aggrieved litigants seeking justice.

The satisfaction derived from being instrumental to the resolution of disputes is immeasurable.

The Customary Court, where diverse customary laws which regulate the lives of majority of citizens, in one form or the other, afforded me the opportunity of promoting peaceful coexistence one case at a time.

All that matters is that justice is done and is seen to be done.

My judicial philosophy is aptly encapsulated in the words of Albert Einstein which fittingly headlines my Profile:

“In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same.”

“Why Customary Court?”

“Why not Customary Court?”

– HW Emmanuel J. Samaila, Esq.
Upper Customary Court, Kaduna State.


lawpavilion • November 30, 2022

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