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Inside Edo
Okpebholo assent to law re-establishing Customary Court of Appeal, bolstering judicial independence
Written By: Emmanuel Ikhenebome
04 Nov 2025 01:50 PM
Benin, Edo – In a move hailed as a milestone for traditional justice and constitutional fidelity, Edo State Governor Monday Okpebholo has assented to the Customary Court of Appeal (Re-establishment) Law, 2025.
The legislation, passed by the Edo State House of Assembly earlier this month, formally reconstitutes the state's Customary Court of Appeal as a superior court of record, aligning it with the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The re-establishment revives a key judicial institution that had lapsed under previous frameworks, empowering it to handle appellate and supervisory oversight of civil cases rooted in customary law. It will also assume original jurisdiction over chieftaincy disputes and matters concerning traditional stools across Edo State, ensuring faster resolution of culturally sensitive conflicts that often underpin community stability.
Under the new law, appointments to the court emphasize expertise and merit. The President of the Customary Court of Appeal will be nominated by the National Judicial Council (NJC) and appointed by the Governor, pending confirmation by the House of Assembly.
Complementing this role, six additional judges will be selected, each requiring at least 10 years of post-call experience and proven proficiency in customary law. This structure aims to infuse the bench with seasoned practitioners attuned to Edo's rich tapestry of indigenous legal traditions.
A cornerstone of the legislation is its safeguard for judicial autonomy: the salaries and allowances for the President and judges will be drawn directly from the state's Consolidated Revenue Fund, insulating them from budgetary manipulations and affirming the court's independence from executive whims.
Governor Okpebholo, speaking at the signing ceremony in Benin City, framed the assent as more than procedural, it's a cultural and governance imperative.
"This is a reaffirmation of Edo’s commitment to accessible justice, respect for traditional values, and fidelity to the Constitution," he declared, noting, "It underscores our administration’s belief that a functional justice system is indispensable to good governance, stability, and investor confidence."
The Governor's remarks come amid broader reforms, including the simultaneous signing of the Edo State Public Property Protection Law, 2025, which imposes up to 10 years imprisonment for violent encroachments on state assets.
The Attorney-General and Commissioner for Justice echoed this enthusiasm, praising the Governor's "foresight" in advancing "a new era in asset governance and judicial integrity." He described the laws as "critical instruments for institutional renewal and the protection of Edo’s moral and material heritage," signaling their potential to deter disputes over land, inheritance, and leadership that have long plagued the state's rural communities.
The bill's journey through the legislature was swift and consensus-driven.
Daily South Nigeria recalled that the law, introduced in late October, passed third reading on October 22, 2025, after committee reviews highlighted its alignment with national standards for customary courts.
With the assent Edo joins a growing list of states, including Delta, Imo, and Abia with active Customary Courts of Appeal, fulfilling constitutional mandates under Section 280 of the 1999 Constitution. This development is particularly timely in Edo, where customary law governs a significant portion of civil disputes, from marriage and succession to communal resource allocation.
While the re-establishment has drawn broad acclaim, some stakeholders, including traditional rulers, have called for expedited guidelines on case filings to ensure rural litigants aren't sidelined by procedural hurdles.
Early appointments are anticipated in the coming months, with the NJC's recommendations expected to prioritize local luminaries in customary jurisprudence.
As Edo navigates its post-election transition under Governor Okpebholo's leadership, this judicial revival stands as a testament to blending modernity with heritage, potentially setting a blueprint for other federation states grappling with the balance between statutory and indigenous justice systems.
The legislation, passed by the Edo State House of Assembly earlier this month, formally reconstitutes the state's Customary Court of Appeal as a superior court of record, aligning it with the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The re-establishment revives a key judicial institution that had lapsed under previous frameworks, empowering it to handle appellate and supervisory oversight of civil cases rooted in customary law. It will also assume original jurisdiction over chieftaincy disputes and matters concerning traditional stools across Edo State, ensuring faster resolution of culturally sensitive conflicts that often underpin community stability.
Under the new law, appointments to the court emphasize expertise and merit. The President of the Customary Court of Appeal will be nominated by the National Judicial Council (NJC) and appointed by the Governor, pending confirmation by the House of Assembly.
Complementing this role, six additional judges will be selected, each requiring at least 10 years of post-call experience and proven proficiency in customary law. This structure aims to infuse the bench with seasoned practitioners attuned to Edo's rich tapestry of indigenous legal traditions.
A cornerstone of the legislation is its safeguard for judicial autonomy: the salaries and allowances for the President and judges will be drawn directly from the state's Consolidated Revenue Fund, insulating them from budgetary manipulations and affirming the court's independence from executive whims.
Governor Okpebholo, speaking at the signing ceremony in Benin City, framed the assent as more than procedural, it's a cultural and governance imperative.
"This is a reaffirmation of Edo’s commitment to accessible justice, respect for traditional values, and fidelity to the Constitution," he declared, noting, "It underscores our administration’s belief that a functional justice system is indispensable to good governance, stability, and investor confidence."
The Governor's remarks come amid broader reforms, including the simultaneous signing of the Edo State Public Property Protection Law, 2025, which imposes up to 10 years imprisonment for violent encroachments on state assets.
The Attorney-General and Commissioner for Justice echoed this enthusiasm, praising the Governor's "foresight" in advancing "a new era in asset governance and judicial integrity." He described the laws as "critical instruments for institutional renewal and the protection of Edo’s moral and material heritage," signaling their potential to deter disputes over land, inheritance, and leadership that have long plagued the state's rural communities.
The bill's journey through the legislature was swift and consensus-driven.
Daily South Nigeria recalled that the law, introduced in late October, passed third reading on October 22, 2025, after committee reviews highlighted its alignment with national standards for customary courts.
With the assent Edo joins a growing list of states, including Delta, Imo, and Abia with active Customary Courts of Appeal, fulfilling constitutional mandates under Section 280 of the 1999 Constitution. This development is particularly timely in Edo, where customary law governs a significant portion of civil disputes, from marriage and succession to communal resource allocation.
While the re-establishment has drawn broad acclaim, some stakeholders, including traditional rulers, have called for expedited guidelines on case filings to ensure rural litigants aren't sidelined by procedural hurdles.
Early appointments are anticipated in the coming months, with the NJC's recommendations expected to prioritize local luminaries in customary jurisprudence.
As Edo navigates its post-election transition under Governor Okpebholo's leadership, this judicial revival stands as a testament to blending modernity with heritage, potentially setting a blueprint for other federation states grappling with the balance between statutory and indigenous justice systems.
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