COURTS OF COMMON LAW IN NIGERIA

Elena P. Ermakova¹*, Olga V. Protopopova², Alexandr А. Pukhart³

¹PhD in Law, Prof., RUDN University, RUSSIA, ermakovaep@mail.ru

² PhD in Law, Prof., RUDN University, RUSSIA, oprotopopova@yandex.ru

³PhD in Law, Prof., RUDN University, RUSSIA, alexpukhart@yandex.ru

*Corresponding author

Abstract

Among the disciplines taught at the Law Institute of the Peoples' Friendship University of Russia, one of the central places is allocated to the course “Civil Procedure in Foreign Countries”. PFUR teachers conduct ongoing research work and thoroughly monitor reforms in the field of civil justice, arbitration and mediation in foreign countries. (Ermakova et al., 2018).

This article is the result of such research. It includes the following subsections: 1) Customary law courts of Nigeria in the pre-colonial and colonial eras; 2) Legal regulation of the activities of customary law courts in modern Nigeria; 3) Composition of the customary law court and the procedure of the case; 4) Advantages and disadvantages of the administration of justice in the courts of customary law; 5) Reforms in the field of ordinary justice. The article outlines the views of African, American and Russian authors on customary law and its modern development in African countries.

Conclusion is made that the views of most Europeans on customary law and ordinary courts of African countries do not correspond to reality. Customary law is not a dying branch of law, but one of the elements of modern legal regulation of the daily life and activities of the African population. In some African countries, up to 80% of civil disputes are resolved through customary justice systems rather than formal or state legal system.

The administration of justice in the courts of customary law has both advantages and disadvantages. Given the high demand and public confidence in the customary law courts, African leaders should foster their efforts towards improving the system of customary law courts and the training of customary law judges (chiefs and others).

Keywords: Nigeria law, customary law, customary law courts, natural courts