Falana Advocates Return to Customary Laws as Court Cases Drag for Decades

By Peter Salami
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called for a return to traditional and customary systems of justice to complement Nigeria’s formal courts, as part of a radical reform to make justice accessible to ordinary citizens. Falana made the call on Wednesday while addressing newsmen after visiting Governor Alex Otti in Nvosi, Isiala Ngwa South Local Government Area of Abia State.

The fiery rights advocate lamented that Nigeria’s judicial process had become “a mockery of justice,” with thousands of civil and criminal cases dragging on for decades without resolution. He said the slow pace of the courts had denied many Nigerians their right to fair and timely hearings, while political cases — often involving the elite — were fast-tracked because they were time-bound.

“Only political cases move in court because they have deadlines,” Falana said. “Other cases, for me, must also be time-bound. People make the mistake of saying the judiciary is the last hope of the common man. The common man has no means to go to court. The judiciary is the last hope of the elite, the bourgeoisie.”

He said the courts, as presently structured, serve the privileged few who can afford the cost and patience of prolonged litigation, while the majority of Nigerians remain shut out. “Many people have been sidelined, with some legal cases dragging on for 20, 30, even 40 years. That is not justice; it is punishment,” he said. “We cannot continue to run a judicial system that alienates the very people it is meant to serve.”

Falana urged federal and state governments to invest in and formalize the traditional systems of dispute resolution that have long served as the first point of justice for most Nigerians. He noted that customary mechanisms, presided over by traditional rulers and community leaders, still command the trust and confidence of the people.

“The majority of our people do not go to Western courts. They patronize traditional rulers and community leaders to solve problems,” he said. “Governments, including that of Abia, must reform the customary courts and the palaces of traditional rulers where our people access justice daily. I think there is a state in the Southwest where you already have palace law reports. If people have confidence in their community leaders to dispense justice, we must promote such fora.”

The senior advocate advocated a dual-track judicial system in which formal courts and traditional institutions work side by side, ensuring that justice is not only served but seen to be culturally rooted and accessible. “What they now call alternative disciplinary solutions is actually African disciplinary solutions,” he said. “Before the colonialists came, our people had nothing to do with adjudication. You state your side, I state mine, and the traditional ruler pronounces justice. There were no appeals, and disputes ended there. But under the Western judicial system, cases are never-ending — people can be in court for 20, 30, or 40 years.”

Falana insisted that Nigeria’s judicial reform agenda must include a deliberate strengthening of customary law and community-based dispute resolution. “I call on all governments to pay more attention to traditional judicial systems,” he said. “It is not enough to satisfy the elite. You must satisfy the people and ensure that the justice system they understand is supported by the state.”

During his visit to Abia, Falana also commended Governor Otti’s developmental strides, describing visible improvements in infrastructure, healthcare, and education as signs of genuine governance. “I have seen good roads, hospitals, and schools, and I have spoken to the people — they are satisfied,” he said. “But the governor must not relent. Public trust comes with responsibility. He owes some of us a duty not to disappoint, and we will not spare him if he does.”