SGBV: Rural Access, Cultural Norms, Evidence Gaps Frustrate Justice – Customary Court President

CROSS RIVER, CALABAR – The President of the Oban District Court, Prince Dr Raphael Effiong O. Etim, has identified weak grassroots awareness, harmful cultural norms, limited court jurisdiction and poor access to justice as major challenges undermining the implementation of sexual and gender-based violence (SGBV) laws in Cross River State.

Etim also cited delays associated with evidence gathering, inadequate training and limited legal powers of customary courts as issues requiring urgent attention if laws protecting women, girls and young people are to achieve their intended impact.

Speaking during an interview with the GADA media team on the weak implementation of SGBV laws, Etim said the existence of legislation alone was insufficient unless communities and institutions were adequately equipped to understand and enforce the provisions.

He stressed the need for continuous awareness campaigns, particularly at the grassroots, involving women, young people, teachers, community leaders and other relevant groups.

According to him, awareness should not remain concentrated in the state capital, but must be taken directly to communities where many SGBV incidents occur.

Etim further identified cultural and historical beliefs as another obstacle to effective implementation, noting that some traditional practices and perceptions could undermine efforts to protect women and girls.

He explained that customary courts were required to examine customs and traditions against existing laws, stressing that practices inconsistent with the Constitution, equality and natural justice could not be allowed to override statutory protections.

“Where there are customs that are obnoxious, that are inimical to equality and natural justice, inconsistent with the Constitution as a whole, those customs cannot be allowed to operate,” he said.

The court president also raised concerns over the physical distance between rural communities and courts with jurisdiction to handle certain cases.

Using Akamkpa Local Government Area as an example, Etim said some communities were located far from appropriate courts, making it difficult for residents to pursue cases without travelling considerable distances.

He argued that the situation could discourage victims and families from pursuing justice, particularly where the appropriate court was located in Calabar.

Another challenge, according to the Court President, is the limited jurisdiction of customary courts, which means some cases must be transferred to higher or appropriate courts.

He explained that customary courts primarily handle matters relating to customs and traditions, minor offences and other issues within their legally prescribed jurisdiction.

However, he said the courts sometimes intervene where there is an immediate threat to life or safety before transferring matters beyond their jurisdiction to the appropriate court.

On delays in disposing of cases, Etim said there were no specific timelines applicable to cases before customary courts, as the duration could depend largely on the parties and the availability of evidence.

“It is about evidence, it is about proof,” he said, adding that the speed of a case could depend on how quickly evidence was gathered and presented before the court.

The presiding officer of the customary court told the media team that the courts must establish sufficient proof before imposing criminal punishment, stressing that an accused person could not simply be punished without evidence establishing the alleged offence.

He also identified training as essential to improving implementation, noting that customary court heads had received training on relevant legal and gender issues.

He, however, advocated expanded training for customary court officials, police officers, community leaders and other actors involved in responding to SGBV.

According to him, taking legal awareness and training deeper into communities would help residents understand where and how to report cases while improving institutional responses.

Etim further called for greater legal empowerment of customary courts, arguing that their proximity to rural communities placed them in a strategic position to provide immediate assistance where people’s safety was threatened.

He urged the government to consider reviewing the Customary Courts Law to give the courts clearly defined additional powers while maintaining appropriate safeguards and referral mechanisms.

The court president said strengthening institutions closest to communities would help reduce the burden created by geographical barriers and improve access to justice for vulnerable persons.

He also called for stronger collaboration between government agencies, civil society organisations, the police, courts and community structures in tackling SGBV.

Etim maintained that implementation would remain weak if laws were not accompanied by sustained public education, institutional capacity, accessible justice mechanisms and effective enforcement.

He therefore urged stakeholders to move beyond the passage of legislation and focus on ensuring that women, girls and young people can practically access the protection and justice guaranteed by the law.