FCIL/SIS: Africa Section Experiences with digitization of customary court cases in South Western Nigeria

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1 FCIL/SIS: Africa Section Experiences with digitization of customary court cases in South Western Nigeria Yemisi Dina July 15, 2013

2 Presenter insert photo First Name Last Name: Yemisi Dina Title: Associate Librarian/Head of Public Services Institution: Osgoode Hall Law School, York University, Toronto, Canada.

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4 Overview of Project Scope Focus is on the Ethnic/Non-Moslem customary law in South Western Nigeria Coverage February 2013 onwards Jurisdiction South Western Nigeria with emphasis on Oyo State (Ibadan) & Ogun State (Abeokuta) Objective - to make court decisions freely available electronically

5 Introduction to Nigerian Legal System Nature of the legal system Federal system Plural legal system Sources of Law Constitution - Legislation English law Customary law Islamic law Judicial precedent

6 Nigerian Court System

7 Role of Customary Law Customary law is a description and not a single term. Customary law covers various legal systems depicting each tribe s customs and values. Ethnic or non-moslem customary law and Moslem customary law. Ethnic or non-moslem customary law derives from the customs and values of a particular ethnic group which makes it indigenous. Moslem customary law is part of a religion which was introduced to the country. Used as a point of fact in family, land and commercial transaction cases especially in colonial and post-colonial times. Post independence customary courts were officially set up in different regions and states.

8 Customary Court System Lowest court in the legal system Adjudicates only civil actions Most accessible to the common man in terms of costs and logistics Parties do not require legal representation, they can represent themselves Empowers and facilitates quick and fast access to justice Adjudicated by laypersons The head of the court is called President and seats with 3 other lay persons Appeals from this court goes to the High Court and then to the Customary Court of Appeal

9 Customary Courts - Operation Managed by the Judiciary in each state Adjudicated by lay persons who are appointed by the Attorney General & Chief Judge of each state Lay persons educated and highly knowledgeable in local customs and traditions, very well respected in their community

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11 Reasons for Project, Projected Outcome & Benefits to Legal Research Digitizing oral and unwritten work Permanent record for customary court decisions especially for reference purposes Open access Understanding of culture and values of that part of the world

12 Challenges Lack of funds Intense travel that need funding Political climate Reorganization and restructuring exercises in most states

13 Schedule February 2013 to March 2014 Divided into 3 phases Phase 1 Site visits, recording, transcribing, editing, website/blog creation, posting of cases Phase 2 More site visits, Sourcing for funding to support project Phase 3 More reporting

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15 Questions and Answers Panelists Contact Information

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17 Questions and Answers Panelists Contact Information

18 Questions and Answers Panelists Contact Information

19 Questions and Answers Panelists Contact Information

20 Questions and Answers Contact: Room 1011C, Ignat Kaneff Building, Osgoode Hall Law School, York University, 4700 Keele Street, Toronto, Ontario, Canada. M3

21 Further Readings Anyebe, A. P. Customary law: the war without arms. Enugu; Nigeria: Fourth Dimension Publishing Co. Ltd., Asiedu-Akrofi, Derek, Judicial Recognition and Adoption of Customary Law in Nigeria. The American Journal of Comparative Law 37 (1989): Accessed: 28/10/ :19 Asein, J. O. Introduction to the Nigerian Legal System. Lagos: Ababa Press, Dina, Yemisi et al Guide to Nigerian Legal Research Nwauche, E.S Constitutional Challenge of the Integration and Interaction of Customary and the Received English Common Law in Nigeria and Ghana. Tulane European & Civil Law Forum 25 (2010): Oba, Abdulmumini. The Administration of Customary Law in a Post-Colonial Nigerian State. 37 (2006) Cambrian Law Review 37 (2006): 95. Oba, A.A. Religious and Customary Laws in Nigeria. Emory International Law Review (2011): Park, Andrew. The Sources of Nigerian Law. London: Sweet & Maxwell, Patrick, C. Native law and custom in Egbaland. Journal of the Royal African Society, 10 (1911): Obilade, Akintunde. The Nigerian Legal System. London: Sweet & Maxwell, 1979.