A Critical Evaluation of the Customary Justice System in Nigeria: A Human Rights Approach for Integration

This thesis critically evaluates the traditional justice system (TJS) in Nigeria from a human rights perspective, with the overarching aim of determining its potential for meaningful integration into the formal justice system (FJS) to enhance access to justice. Although traditional justice mechanisms are widely recognised and utilised across Nigeria, they are not statutorily codified or formally legislated as in other jurisdictions such as Ghana. Their existence and legitimacy derive from historical continuity, social acceptance, and judicial recognition, rather than from constitutional enactment. This research examines how such systems function in practice, their relationship with state law, and their capacity to uphold fundamental rights and legal standards. At the heart of this research lies a normative and empirical inquiry into whether the TJS, in its current form and practice, upholds or undermines fundamental human rights, and how it may be reimagined to promote a more inclusive, responsive, and equitable justice system. Adopting a human rights-based approach (HRBA) as the primary analytical lens, the study centres on core principles such as participation, accountability, non-discrimination, equality, empowerment, and the rule of law to interrogate the compliance of traditional justice practices with regional and international human rights principles, especially concerning equality, due process, and protection of vulnerable populations. These principles serve both as evaluative criteria and as normative goals for justice reform. The research draws on qualitative fieldwork conducted in eleven communities (Egi clan, Rivers Sate, Owerri, Isiala Mbano, Mbaise, Obowu in Imo State and Enugu and Nsukka in Enugu State and Ibadan, Ogbomoso in Oyo State, Ife in Osun State and Egba clan in Abeokuta, Ogun state) of Nigeria between April and June 2022. Semi-structured interviews were conducted with 60 participants, including traditional rulers, chiefs, elders, youths, members of customary courts and councils, women leaders, legal practitioners, and human rights experts. The study focused on gathering rich empirical data on the structure, process, values, and perceived legitimacy of the eleven selected traditional justice systems. These data were analysed using a triangulated approach, combining qualitative content analysis and thematic analysis, to assess perceptions of justice, fairness, procedural safeguards, and access to remedies within the TJS, especially for women, children, persons with disabilities, and marginalised groups. Findings indicate that traditional justice institutions are often the first and only recourse for dispute resolution for many Nigerians, particularly in areas where the formal legal system is physically, financially, or culturally inaccessible. These systems are valued for their participatory nature, proximity, flexibility, speed, and rootedness in local norms. However, significant human rights concerns persist. These include gender-based discrimination, lack of procedural safeguards, limited opportunities for appeal or redress, exclusion of women and youth from dispute settlement roles, and the absence of formal oversight or accountability mechanisms. In many cases, TJS practices conflict with constitutional guarantees of equality and international human rights obligations under instruments such as the African Charter on Human and Peoples’ Rights and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), both of which Nigeria has ratified. Despite these tensions, the study demonstrates that traditional justice systems are not inherently incompatible with human rights norms. Rather, it offers a culturally resonant and socially legitimate foundation upon which human rights principles can be localised and operationalized. The research advocates for a transformative approach that does not seek to abolish or assimilate the TJS into the formal system, but rather to strengthen its legitimacy, capacity, and compliance with human rights through institutional reform, capacity building, legal education, and participatory dialogue. This includes the development of human rights-aligned traditional justice standards, community-led monitoring mechanisms, gender-sensitive training for traditional adjudicators, and formalised interfaces between the traditional and formal systems without eroding their indigenous foundations. This thesis contributes original empirical insights and theoretical reflections to legal scholarship. First, it generates original empirical data on the structure and function of TJS in Nigeria, filling a significant gap in academic and policy literature. Second, it deepens understanding of how plural legal systems operate in postcolonial African states, particularly that where customary law is recognised but not constitutionally entrenched, thereby contributing to ongoing debates on justice reform, legal modernisation, and postcolonial legal transformation in pluralist societies. Finally, it challenges binary assumptions that place traditional and formal systems in opposition, recommending instead for an integrated, rights-respecting, and contextually grounded justice framework that would enhance legal pluralism in Nigeria in a manner that promotes access to justice, protects fundamental rights, and affirms legal diversity. In conclusion, this thesis advocates for a reimagined justice system that embraces the lived realities of its people, acknowledges reforms, and integrates the traditional justice system through a human-based approach. It argues that bridging the divide between state and traditional justice institutions is essential for promoting a more inclusive, equitable, and culturally relevant access to justice in Nigeria. By aligning traditional practices with regional and international human rights standards, the research highlights the potential for a pluralist justice model that enhances legal empowerment, democratic governance, and social cohesion. The study ultimately calls for a shift in perspective of viewing justice not as a solely state driven mechanism, but as a participatory process rooted in the lived realities, dignity, and rights of all Nigerians.

Name dc:type.qualificationname

PhD

Level dc:type.qualificationlevel

Doctoral

Grantor dc:publisher.institution

De Montfort University

Year dc:date.issued

2025

Author dc:creator

• Samuel, Bestman

Licence

• https://dora.dmu.ac.uk/bitstreams/8e7d7ace-9ed3-4499-8543-fed87fce0af3/download