By Bayo Akinlade Esq

In our 3-tier government structure, it is clear that the Customary Courts (CC) are a grassroot Court bringing justice and protecting the people at the grassroot level. These Courts are not for the “poor” or “low income” citizens alone, they are for everyone.

The idea that because they are referred to as “inferior” courts by our constitution does not mean that they are less important than the “Higher” courts. It is a gross misconception and in my view, calling these courts “inferior” or “lower” is the fundamental problem of how these courts are perceived by even members of the legal profession.

How the constitution describes our Magistrate and Customary Courts as “lower” Courts creates the impression in our colonial minds that these courts are for “lower” people which is a completely wrong perception to have and to dwell on.

The CCs are simply a 3rd tier court for the Local Governments established to ensure that the rule of law and justice is upheld within the communities. It is not inferior in anyway to courts of “records” even though the CCs are also actually courts of records.

Now let me discuss the idea that since the Customary Courts are the lowest in the hierarchy of courts, the lawyers who are judges there are “inferior”. This notion is absolutely appalling and disrespectful especially from the point of view that lawyers serving in the higher courts have this distorted view. Many CC judges are older at the Bar than higher court judges, some are more exposed, experienced and some even have more higher educational degrees than some higher court Judges.

I do not want to restate the problems we face amongst ourselves as lawyers or how some of us look down on one another based on titles and positioning at our work environment but I think it’s time we behave like the professionals we are and start understanding that the justice system will collapse if we don’t respect the role we play in it. The attitude of the NJC and the SJSC must change towards the lower courts and our colleagues serving in the lower courts should understand their constitutional roles and stop licking the boots of self made masters within the Judiciary.

Lawyers serving as judges at any level of the Judiciary structure should stop internal politics and playing games with our justice system because the Judiciary is not about one HEAD OF COURT whose days are numbered.

It is also time for the Bar to get serious about it’s role in preserving the integrity of the Bench and ensuring that individuals in the Bench don’t mismanage an arm of government that brings stability to the nation.

Now that our local governments are being rescued from the dominance of the State, we, in the Judiciary should consider liberating the Customary Courts from the manipulations of the “Higher” Courts. Let’s get to work!

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