This paper unravels the concept of judicial establishment of customary law in Anglophone Cameroon, specifically analysing the role played by State courts in the ascertainment of, or judicial establishment of customary law. The paper draws inspiration from the other countries in sub-Saharan Africa, to strengthen the arguments made herein.
The paper adopts the qualitative research methodology, based on the doctrinal and content analyses of primary and secondary sources of data. The paper argues that the concept of judicial establishment of customary law is a very vital concept, which has over the years been plagued with a multiplicity of conundrums regarding the issue. The paper further argues that the process of
judicial establishment has a nexus with another process known as the judicial regulation of customary law, which requires that a custom passes the duality tests of repugnancy and incompatibility before being incorporated/institutionalised in the official legal system. Finally, the paper reveals that the absence of professionalization in the delivery of customary justice and the essentialist articulation of customary law are some of the factors which militate against the realistic existence and enforcement of customary law in Anglophone Cameroon.
Table of Contents
- 1.1 INTRODUCTION
- 1.2 RESEARCH METHODOLOGY
- 1.3 OVERVIEW OF THE CONCEPT OF JUDICIAL ESTABLISHMENT OF CUSTOMARY LAW
- 1.4 CASE LAW JURISPRUDENCE ON THE JUDICIAL ESTABLISHMENT OF CUSTOMARY LAW
- 1.4.1 The Case of Angu v. Attah (1916)
- 1.4.2 The Case of Liadi Giwa v. Bisiriyu Erinmilokun (1961)
- 1.5 CRITICISMS OF THE JUDICIAL ESTABLISHMENT OF CUSTOMARY LAW
- 1.6 CONCLUSION
Objectives and Key Themes
This paper explores the concept of judicial establishment of customary law in Anglophone Cameroon, particularly focusing on the role of State courts in recognizing and implementing customary law. The study draws insights from other sub-Saharan African countries to bolster its arguments.
- The role of State courts in the judicial establishment of customary law
- The process of judicial establishment of customary law and its nexus with judicial regulation
- The impact of repugnancy and incompatibility tests on the incorporation of customary law
- The challenges to the realistic existence and enforcement of customary law in Anglophone Cameroon
- The historical development of customary law in Anglophone Cameroon under British colonial rule
Chapter Summaries
The paper begins with an introduction to the concept of judicial establishment of customary law, highlighting the significant role of State courts in this process. It then explores the research methodology employed, which relies on doctrinal and content analyses of primary and secondary sources. The paper delves into the historical context of customary law in Anglophone Cameroon, tracing its origins from pre-colonial times through the influence of British colonialism. The study specifically analyzes the Southern Cameroons High Court Law of 1955, emphasizing its provisions for the recognition and enforcement of customary law. The paper further examines key case law jurisprudence on the judicial establishment of customary law, including the Angu v. Attah (1916) and Liadi Giwa v. Bisiriyu Erinmilokun (1961) cases. It also critiques the judicial establishment of customary law, highlighting potential challenges and limitations.
Keywords
The paper focuses on the keywords: judicial establishment of customary law, Anglophone Cameroon, State courts, repugnancy, incompatibility, customary justice, essentialist articulation of customary law, Southern Cameroons High Court Law, British colonialism, case law jurisprudence, and qualitative research methodology.
- Citation du texte
- Akoted-Daniel Oben (Auteur), 2023, Judicial Establishment of Customary Law and its Manifestations from Anglophone Cameroon, Munich, GRIN Verlag, https://www.grin.com/document/1436515
