A veritable starting point in dealing with this topic is to state in clear terms the nature and concept of the Sustainable Development Goals (SDGs) of the United Nations (UN). The SDGs are a collection of Seventeen (17) interlinked objectives designed by the UN to serve as a “shared blueprint for peace and prosperity for people and the planet now and into the future”. This global vision set to be actualized from 2016-2030 was adopted by the UN Sustainable Summit held in September 2015 with a view to catching on to the successesof a similar development goal which is the Millennium Development Goals (MDGs).
The SDGs consist of seventeen (17) goals and one hundred and sixty-nine (169) achievable targets geared toward eradicating poverty and realizing a sustainable world. It is noteworthy that these seventeen SDGs are universally applicable and not limited to developing countries but inclusive of developed countries. It pledges to leave no one behind through its implementation processes.
The SDG number 16 seeks to promote just, peaceful, and inclusive societies, provide access to justice for all and build effective, accountable, and inclusive institutions at all levels. In other words, people everywhere should be free of fear from all forms of violence and feel safe as they go about their businesses regardless of their sex, ethnicity, or faith. It is noted that high levels of armed violence and insecurity have a destructive impact on a country’s development. Sexual violence, crime exploitation, and torture are prevalent where there are conflicts and insecurity. Strengthening the rule of law, ensuringunfettered access to justice, maintaining strong democratic and legal institutions, and promoting human rights is key in successfully combating the malaise and menace previously mentioned.
Sustainable Development Goals in outlook appear only to be international but not municipal due to the beneficial advocacy it enjoys from international, continental, and regional organisations like the United Nations (UN), African Union (AU), and the Economic Community of West African States (ECOWAS). These organisations amongst others are at the forefront of making sure the SDGs especially SDG 16 is implemented by member states.
It is interesting to note that the international efforts bestowed on the SDGs are blessed with domestic flavor and trickledown to municipal legal institutions. The international legal instruments encourage and create the enabling atmosphere that trickles down to institutions in municipal enclaves administering justicedelivery which is the fulcrumof SDG 16.
SDG 16 is seen in Article 3 of the African Charter on Humans and Peoples’ Rights to the effect that “every individual shall be equal before the law”, and “Every individual shall be entitled to equal protection of the law.
Of course, for Article 3 of the charter to be effective, there must be institutions to implement these provisions. Such institutions can only be effectively managed by state parties to the charter in their various locales. Article 26 of the Charter came to the rescue because “State parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate nationalinstitutions entrusted with the promotion and protection of the rights and freedom guaranteed by the present Charter”. As a result, state partieshave gone along to developtheir hierarchy of courts for the smooth implementation of the provisions aforesaidin the charter crystalized in our municipal law. Nigeria has its hierarchy of courts as provided for in the Constitution of the Federal Republic of Nigeria (CFRN) 1999 and the Customary Court is a part of that hierarchy. The Customary Court is the closest to the grassroots in the administration of justice and justice delivery.
Customary Courts became modernized over time. They werepreviously christened native courts. In the Southern parts of Nigeria, they are known as customary courts presently, and in the northern parts of Nigeria they are called Area Courts. Both the Customary and Area Courts are similar in their provisions, as the law regulating them are contained in the various laws enacted by those States. The difference between them is usually in respect of jurisdiction. Some states confer wider jurisdiction on their courts than ot hers. And these courts are subject to the supervision of the Customary Court of Appeal or Sharia Court of Appeal of that State as the case may be and where there are no such courts established in that state, the supervisory role is bestowed on the High Court of that State.
This paper shall focus on SDG Number 16, that is, peace and justice, strong institutions, and how customary courts serve as a tool in the achievement of this goal.