RESTRUCTURING OF THE NATIVE COURTS IN IBADAN 1952-1960

Abstract

The Native Courts in Ibadan required that it be reorganized since about the early 1940s. This need was occasioned by the new Native Court Ordinance, 1933 which was to introduce some changes to its operation under the Judicial Reform of 1933 in the entire country. The new ordinance incidentally created some problems, particularly in the process of its implementation in different parts of the Region. One significant problem bedeviling the Native Courts Ordinance, 1933 was the manner in which cases were being transferred to either the Magistrate Courts or the High Courts. As a result of the preclusion of lawyers from appearing in the Native Courts they depended considerably on the D. O.‘s power of transfer. 

The use of the power of transfer by the D. O. was contrary to the spirit of the Native Courts Ordinance, the object of which was to provide safeguards of justice and to redress wrong, in exceptional cases.