Two fetuses are growing in one womb. One is well fed, the other is made to struggle to find its life source.
The womb is the Oyo State Judiciary, the third arm of government. The twins in the womb of the judiciary are the High Court (& Magistracy) and the Customary Court of Appeal (comprising Grade C & Grade A courts). Of these two, the judicial system that is more accessible to the people is the customary court system. It is not only the court closest to the grassroots, but also the court that hasour culture and way of life, at its centre, in dispensing ofjustice. This is the premise on which this write up presents an x-ray of a critical important channel of judicial administration in Oyo State.
The jurisdiction of the customary court system is wide, that means its work is vast. The jurisdiction of Magistrate courts spans criminal matters, rent matters, small estate claims and erroneous transfer applications. The Grade A courts, on the other hand, accommodate these same cases and more. For example: Customary land matters,matrimonial causes arising from customary marriages as well as custody of children and guardianship are additional jurisdiction conferred on the court by the law that establishes it, among others.
One of the most beautiful attributes of the Grade A customary court system is that the focus of the court is ensuring that real justice is done. The court system de-emphasizes technicalities that could occasion miscarriage of justice and compromise equity and fairness. In view of this, one would understand the scope of the work and relevance of the Customary Courts to the people of the State. There is, thus, no contention as to the importance of that court.
The Grade A courts are manned by legally qualified officers i.e. lawyers who are among some of the most hardworking judges of the lower bench. One then wonders why these courts are being neglected systemically and being stripped of its dignity. Many of our customary courtssit in “court rooms” that are not befitting, and under undignifying conditions; yet these officers show up and dispense justice with such brilliance and industry.
As much as the customary courts are a channel foreffective, pragmatic, and fast solutions to conflicts, yet it is the more neglected and ostracized arm of the Oyo State judiciary. The High court system (including the Magistracy) is fast becoming the foetus that gets fed and left to devore its twin, the customary court system. The customary court in Oyo State has prudently deployed the small resources it gets, and has become a true temple of justice, why can’t Oyo State government get more intentional about ensuring the growth of the court?
Few days ago, the news spread round that the Oyo State government purchased and handed new official cars to the lower court judges of the Oyo State judiciary, specifically the Magistrates, while the Grade–A courtPresidents were completely left out in the distribution of the official vehicles by the State government. This is a grossly unfair development. These Grade-A Presidents are judicial officers who have, for years, served the ordinary man justice assiduously in the most undignifying conditions. Some of these officers consistently put their lives on the line, travelling from town to town, in order to see that justice is served across the length and breadth of the State.
It is demeaning to see judicial officers standing by the bus stops, flying bikes, sharing micra and maruwa(tricycles) rides with the very litigants whose matters they would adjudicate over. It is an eye-sore and a terrible reflection on the entire State Government.
What is sauce for the goose is good for the gander. If brand new cars are given to Magistrates by the Oyo State Government, why are the Grade A Presidents left out? If the courtrooms of the Magistrates are spruced up and put in decent conditions, the customary court should be empowered well enough to have decent and comfortable courtrooms too for adjudication. If the welfare of Magistrates are attended to by the government, why should the Grade A Presidents be left out?
This piece is a clarion call to His Excellency, Gov.Seyi Makinde to get intentional about the customary court system, from its Grade C to the Grade A, and to the Customary Court of Appeal. This court system that is closest to the heart of the people, where justice is served without hiding behind technicalities, needs to grow. The twin foetus of the judiciary is crying from neglect, I hopethe State government can hear him crying.
