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Published online by Cambridge University Press: 28 July 2009
The choice of the subject of this paper has been made in order to provide, in line with the general theme of the Conference, an analysis and evaluation of the relationship between English law and customary law in the Western Region of Nigeria. An attempt will be made not only to give a general account of the past and the present position in this matter but also to indicate the directions in which, in various respects, developments appear likely to tend in the future.
page 41 note 1 Section 8(1) of the Native Courts Ordinance, cap. 142 of the Laws of Nigeria, (1948 edn.). See too, s. 8 (1) of the Native Courts (Colony) Ordinance, cap. 143.
page 41 note 2 Sections 10 (1) and 9(1) of caps. 142 and 143 respectively.
page 41 note 3 Ibid.
page 41 note 4 The Principles of Native Administration and their Application, (1934) by Sir Donald Cameron, para. 1.
page 42 note 1 See s. 28 of cap. 142 and s. 22 of cap. 143.
page 42 note 2 See ss. 30–34 of the Native Courts Ordinance.
page 42 note 3 Native Courts Commission of Inquiry: Report on Subsidiary Legislation under caps. 142 and 143, pp. 9–11.
page 42 note 4 Report of the Native Courts (Northern Provinces) Commission of Inquiry, 1952, para, 110.
page 42 note 5 Report of the Native Courts (Western Provinces) Commission of Inquiry, 1952, para. 93. See too, para. 154 of the Report of the Native Courts (Colony) Commission of Inquiry, 1952.
page 43 note 1 Op. cit. paras. 111 and 112.
page 43 note 2 Op. cit. para. 113.
page 43 note 3 See, for instance, Sobanjo v. Oke & Anor., 14 W.A.C.A. 993; Ayodeji v. Mustafa, 16 N.L.R. 32; Iyatsere Igiokwe v. Chief J. Nona, 17 N.L.R. 5; Isalomi v. Omumu, 17 N.L.R. 81; Suberu Alade v. Dina, 17 N.L.R. 32; Balogun & Ors. v. Adesanya & Anor., 19 N.L.R. 19; Okoh v. Olotu & Ors., 20 N.L.R. 123. These were all cases which originated in the Native Courts but later found their way to the superior courts.
page 44 note 1 This has now been done in the Western Region: see s. 9 of the Customary Courts (Amendment) Law, 1959, W.R. No. 34 of 1959, which came into operation 3rd September, 1959.
page 44 note 2 In the Western Region the power to appoint and exercise disciplinary control over judges of Grade A Customary Courts now vests in the Governor acting on the recommendation of the Judicial Service Commission, whilst this power in respect of Judges of all other grades (B, C and D) of Customary Courts remains exercisable by the Local Government Service Board: see s. 4 of the Customary Courts (Amendment) Law, 1959.
page 44 note 3 Report of the Native Courts (Western Provinces) Commission of Inquiry, 1952, para. 183.
page 45 note 1 Op. cit., para. 184.
page 45 note 2 Op. cit., para. 186.
page 47 note 1 See note 1, p. 44, ante.
page 48 note 1 See the Marriage, Divorce and Custody of Children Adoptive Bye-Laws Order, 1958, W.R.L.N. 456 of 1958.
page 49 note 1 See the Customary Courts Rules, 1958, W.R.L.N. 258 of 1958 as amended by W.R.L.N. Nos. 10, 260 and 411 of 1959.
page 49 note 2 See Part VIIA of the Customary Courts Law, 1957, inserted by the amending Law No. 34 of 1959.
page 50 note 1 See s. 17 of the Customary Courts Law, 1957.