Following a contention that a customary court in Kaduna state lacked jurisdiction over a matter because the defendats are Fulanis and Muslims, an Upper Customary Court of Kaduna State, in Kafanchan has held that Section 20 of the Customary Courts Law 2001, vests the Customary Courts in Kaduna State with jurisdiction over “all persons”.
Ruling in a Preliminary Objection raised by defendants in the matter challenging the court’s jurisdiction to adjudicate over a dispute involving a customary piece of land, His Worship Emmanuel J. Samaila, Esq. (Judge) and Mr James K. Kajang (Member) reiterated the position of the Customary Court of Appeal, Kaduna in Maishaga Bafulatani v Sunday Aliyu (2014) KCCLR-283 (CCA), where it considered the provision of Section 20 of the Customary Court’s Law in determining the appellant’s contention that Customary Court, Sabon Tasha has no jurisdiction over him because he is a Muslim.
The Kaduna Customary Court of Appeal in that matter held:
“The contention of the appellant Counsel that the appellant is a Fulani man and a Muslim, the Court has no jurisdiction over him. With due respect to Learned Counsel, that argument is misconceived. It is worthy of note that, the Customary Courts in Kaduna State are not meant for a particular religion. Be a Christian, Muslim, Pagans can seek redress in the Court, depending on the nature of the claim or the obligation between the parties. Hence, a Fulani man or any tribe is not excluded from the jurisdiction of a Customary Court.”
Flowing from this, the Kafanchan Upper Customary Court affirmed that: “The Customary Courts in Kaduna State have jurisdiction over all persons irrespective of their religious preference.”
