The Cross River State House of Assembly has passed the Customary Court Bill, 2026, requiring that chairmen of customary courts be legal practitioners, in a major overhaul of grassroots justice administration.
The Bill was passed after the third reading, following the presentation of the report of the House Committee on Judiciary, Public Service Matters, Public Petitions and Complaints Commission.
Presenting the report, the Committee Chairman, Rt. Hon. Davies Etta, said the legislation seeks to reform the existing customary court system, established under the 1976 Law and codified in 2004.
According to him, the aim is to strengthen customary justice administration, enhance professionalism and improve record keeping across the state.
He said the Committee consulted the Chief Judge of the State, traditional institutions, customary court stakeholders and members of the public at a widely publicised public hearing.
Under the new law, a person appointed as Chairman of a Customary Court must be a legal practitioner with the required years of professional experience.
The provision is intended to improve the quality of adjudication at the grassroots.
The law also stipulates minimum qualifications for other members of the court and provides for improved conditions of service.
Another major change is the introduction of proper court registers and systematic record keeping.
Designated officers will now be responsible for recording proceedings and maintaining official records.
Previously, the Chairman and members doubled as record keepers.
Composition and jurisdiction
Each customary court will consist of a Chairman and two members, with provisions on quorum and tenure.
Jurisdiction has also been expanded to cover matters suitable for local determination, including gender-based violence cases, within the limits of the law.
In its bid to accommodate stakeholders’ submissions, the law was restructured from two parts, 65 sections and one schedule, into 10 parts, 66 sections and two schedules.
It covers the establishment and jurisdiction of customary courts, proceedings, ancillary powers, control, transfer of cases, appeals, officers of the court, rules of court and miscellaneous provisions.
On his part , the Speaker of the Assembly, Rt. Hon. Elvert Ayambem, said the passage of the Bill marked a major step in the Assembly’s commitment to judicial reform and improved access to justice at the grassroots.
He commended members and stakeholders for their contributions to the legislative process.
