Abstract

The evolving role of customary courts in Nigeria presents an opportunity to expand access to justice, particularly for rural communities where statutory courts remain inaccessible. Recent reforms allowing lawyers to preside over customary courts strengthen their procedural credibility, raising the question of whether these courts should be vested with criminal jurisdiction. This article examines the feasibility of such an expansion, with particular emphasis on the integration of safeguards under the Mental Health Act 2021. It argues that while customary courts retain legitimacy through linguistic inclusivity and cultural accessibility, their extension into criminal justice requires procedural, institutional, and linguistic reforms to ensure fairness and compliance with human right standards. Adopting a doctrinal legal methodology, the study analyses constitutional provisions and judicial decisions on customary courts, criminal justice, and mental health regulation in Nigeria. This is complemented by a comparative approach drawing on the experiences of South Africa and Kenya, the article reveals demonstrates that grassroots courts can exercise criminal jurisdiction without compromising rights, provided robust oversight, capacity building, and mental health-sensitive frameworks are embedded in the adjudication within its cultural and linguistic perspective. The study concludes with concrete policy recommendations for harmonising customary justice with statutory safeguards, positioning Nigeria as a potential model for rights-compliant grassroots criminal justice system in Africa.