Acta Universitatis Danubius. Juridica, Vol 11, No 1 (2015)

Abstract

Objectives: This paper examines an omnibus ground of appellate jurisdiction of the Customary Court of Appeal in Nigeria to demonstrate that this ground of jurisdiction which refers to ‘questions of customary law’ and the manner of interpretation by Nigerian courts has stifled the growth of customary law. Prior Work This work extends previous works on the nature of legal pluralism in Nigeria and how Nigerian courts interpret and develop this area of the law. Approach: Available literature as well as primary documents was used to the objectives of the study. Implications: This work is of value to academics and judges interested in the growth and development of customary law in particular and legal pluralism in Nigeria in general. Value: This paper suggests that a general omnibus jurisdictional clause should be expansively interpreted by Nigerian courts to recognise all issues concerning customary law as proper for appellate courts because this will tremendously assist the growth and development of customary law in Nigeria.