…New Law Re-establishes Court As Superior Court Of Record
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…Six-Judge Bench Provided Under New Law
The Edo State Customary Court of Appeal has been restored a decade after the institution was abolished by the administration of former Governor Adams Oshiomhole, marking a significant restructuring of the state’s judicial system.
Governor Monday Okpebholo formally restored the court by assenting to the Customary Court of Appeal (Re-establishment) Law, 2025 on November 4, 2025.
The law followed the passage of the re-establishment bill by the Edo State House of Assembly on October 22, 2025.
The legislation reconstitutes the Customary Court of Appeal as a superior court of record within the Edo State judiciary, with responsibility for appellate and supervisory matters involving questions of customary law.
The development effectively reverses a major judicial reform introduced in December 2015 when Oshiomhole signed legislation abolishing the Edo State Customary Court of Appeal.
At the time, the former governor argued that abolishing the specialised court would improve judicial efficiency.
The six judges then serving at the Customary Court of Appeal were transferred to the Edo State High Court, increasing the number of High Court judges from 24 to 30.
Oshiomhole had said there were almost 6,000 cases pending before the State High Court and argued that transferring the Customary Court of Appeal judges would allow a larger pool of judges to deal with the backlog.
Under the 2015 arrangement, appeals arising from Area Customary Courts did not disappear. Instead, the Chief Judge was empowered to assign High Court judges to hear such appeals.
Oshiomhole maintained at the time that keeping six judges permanently restricted to customary appeals was inefficient when the State High Court was confronting a substantial caseload.
Ten years later, the Okpebholo administration has returned Edo to a specialised Customary Court of Appeal structure.
Under the 2025 law, the re-established court is headed by a President and is to have six other judges.
The law provides that judges appointed to the court must possess at least 10 years of post-call experience and demonstrate sufficient knowledge and experience in customary law.
The President of the court is to be appointed by the Governor on the recommendation of the National Judicial Council, NJC, subject to confirmation by the Edo State House of Assembly.
The salaries and allowances of the President and judges are also to be charged directly on the Consolidated Revenue Fund of Edo State, a provision intended to strengthen the financial independence of the institution.
The constitutional foundation for the court is contained in Sections 280 to 282 of the 1999 Constitution.
Section 280 provides that a Customary Court of Appeal may be established for any state that requires one.
Section 282 gives such courts appellate and supervisory jurisdiction in civil proceedings involving questions of customary law, subject to jurisdiction prescribed by the relevant State House of Assembly.
The Edo legislation also provides a transitional arrangement pending the appointment of a substantive President and judges through the NJC process.
Pursuant to Section 55(1) of the Customary Court of Appeal (Re-establishment) Law, Governor Okpebholo in June 2026 appointed Justice Mary Nekpen Asemota as Acting President of the restored court.
The provision authorises the Governor, pending the NJC’s recommendation of substantive judicial officers, to appoint as Acting President the most senior judge of the former Customary Court of Appeal who was still serving in the Edo judiciary.
Justice Asemota qualified under that provision.
She had previously served as a judge of the old Edo State Customary Court of Appeal before its abolition in 2015 and was subsequently transferred to the State High Court.
She has served as a Judge of the Edo State High Court since March 2016.
The Edo State Government subsequently announced that she would be sworn in as Acting President on June 8, 2026, at Government House in Benin City.
The restoration is significant because customary law plays an important role in disputes involving land, inheritance, family relations, traditional institutions and other civil matters across Edo communities.
Before its abolition, the Edo Customary Court of Appeal had developed a substantial body of jurisprudence interpreting customary law, with appeals from the court ultimately capable of proceeding to the Court of Appeal where the constitutional conditions for appeal were satisfied.
The appellate courts have repeatedly emphasised that the jurisdiction of a Customary Court of Appeal is primarily tied to questions of customary law.
In Customary Court of Appeal, Edo State v. Aguele, the Court of Appeal stressed that what confers jurisdiction on a Customary Court of Appeal is the existence of a genuine question of customary law in the grounds brought before it, rather than merely the fact that the original dispute began in a customary court.
The Okpebholo administration has described the restoration as part of efforts to improve access to justice, respect traditional institutions and strengthen the state’s judicial framework.
When signing the law, the government said the return of the court represented a commitment to accessible justice, traditional values and constitutional fidelity.
The restoration also creates a clearer specialised appellate pathway for litigants whose disputes turn substantially on customary law.
Rather than having customary appeals absorbed into the general jurisdiction of the State High Court, the re-established court will again develop specialist expertise in customary jurisprudence.
The move therefore closes a decade-long chapter that began with the 2015 abolition and restores an institution that had historically formed part of the Edo State judicial structure.
With Justice Asemota heading the court in an acting capacity, attention will now turn to the NJC process for the recommendation of a substantive President and judges and the full operationalisation of the re-established institution.
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