Appraisal of the Scope of Application of Evidence Act in Customary and Area Courts In Nigeria

Abstract

By sections 6 (4) (a), 5 (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), States are empowered to establish such other courts as may be authorized by law to exercise jurisdiction at first instance or in appeal on matters with respect to which a House of Assembly may make laws. It is in this regard that by their various laws, the States and the Federal Capital Territory enacted Customary Courts and or Area Courts laws, which provide for the establishment of Customary and or Area Courts to administer customary laws. It is to be noted that by section 256 (1) of the Evidence Act 2011, the Evidence Act shall not apply to judicial proceedings in any civil cause or matter in or before any Sharia Court of Appeal, Customary Court of Appeal, Area Court or Customary Court, except so authorized by a gazette of the States or that of the Federal Government in the case of the Federal Capital Territory. In their adjudicatory process, the Customary and or Area Courts receive evidence, admits documents, etc in all classifications of Evidence, yet the Evidence Act says it is not applicable to these Courts. It is for this reason that this study embarked on an appraisal of the scope of application of the Evidence Act in customary courts and Area Courts in Nigeria. It adopted the doctrinal method of research. This study made a finding that despite the provision of section 256 (1) of the Evidence Act excluding the applicability of the Evidence Act to Area and Customary Courts yet the said Evidence Act has not delineated which area of the Evidence Act should apply to Area and Customary Courts in civil proceedings. The study recommended that in view of section 3 of the Evidence Act, the States should take advantage of the said section and provide in a law clear situation where the Evidence Act should be applicable to Area and Customary Courts.