Judicial Establishment of Customary Law and its Manifestations from Anglophone Cameroon (eBook)

Research Paper (postgraduate) from the year 2023 in the subject Law, University of Buea, course: Customary Law, language: English, abstract: 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.