INFERIOR COURTS IN NIGERIA

INTRODUCTION

It is of great importance to closely examine the court system with a view to know exactly the constitutional and other legal provisions of these courts. Here we must learn that courts differ both in structure, purpose, jurisdiction, personnel, and powers. Court classifications are generally made along these lines. Whether they are inferior or superior, or whether they are courts of Record or not. You would have noticed that lawyers do wear only suits in some courts and wear wig and gowns in others. In this unit we shall examine the class of courts better known as inferior courts.

 Inferior Courts

There are four types of courts that could be regarded in Nigeria as inferior courts, while two, though strictly could not be regarded as a court but play important role in the administration of Justice in Nigeria. We may hasten to explain from the onset, in Nigeria, we have superior and inferior courts of Record. Court of Record simply means courts that record its judicial acts and proceedings in writing or record book for permanent preservation and memorial.

We must note however that all courts in Nigeria must record their proceedings in the Record Book of the court. The inferior courts of Record are therefore courts that are established by laws other than the constitution of the Federal Republic of Nigeria. They are inferior because their judgments or decisions are not binding on any court, and is not binding on the court itself, its decisions are not reported in any law reports, and it’s proceedings are described as “summary”, and so also its jurisdiction is also described as summary jurisdiction. It is regarded as summary because it may adopt its own procedure to come to a very quick decision and with limited or abridged procedural rules. For instance the litigants need not file any pleadings.

While superior courts of Record are courts established under the Nigerian constitution and they have unlimited jurisdiction in terms of awards they can make. They also have the power to commit anybody for contempt committed either in the face of the court or out of the court. While the inferior courts of record are limited in terms of awards and types of matters they can handle. They are very important in our judicial system as they handle a substantial portion of disputes locally, and about 75% of the matters both civil and criminal matters are settled at this level.

Area Courts/Customary Courts

Closely related to this is the issue of service of processes the Federal Legislature has enacted a uniform regulations on service of processes. The Sheriffs and Civil Process Act allows the Order of judgment of High Court of a state to be registered in the High Court of another State and so executed by the bailiffs of that state. Though the Customary Courts judgments are exempted from the Sheriffs and Civil Process Act, yet there is a reciprocal enforcement of Customary Courts judgment in each State. From the foregoing it is clear that though there are State Courts in Nigeria, they are merely for easy administrative purpose, the State Courts still exists within a united hierarchy of court in Nigeria.

THE STRUCTURE SINCE THE SECOND REPUBLIC TO DATE

In this section of this paper it is intended to examine the present Court structure, by examine the courts within the context of Machinery of justice in Nigeria.

THE INFERIOR COURTS

Native (Area) and Customary Courts

The Native and Customary Courts in respective states are established under the Customary Courts Law for the respective States. Each Court is established not directly by the enabling Statute but by Warrants issued by the enabling authority. In the Eastern States the Commissioner for Justice and in Lagos State the Attorney-General and Commissioner for Justice and in the Northern States by Warrant by the Chief Judge of the State.


The warrant defines the jurisdiction, powers, and quorum of the court, it established, and its provisions in that behalf are conclusive.

Area and Customary Courts are the responsibility of the Local Government Council. Customary courts members including the Presidents are appointed by the Customary Courts Judicial Service Committee for the State.

Qualification for appointment are as follows:

1. He is literate in English Language 
2. He possess at least the Primary School Leaving Certificate or its. Equivalent and suitable experience and 
3.  He is a native of the area of jurisdiction of the Customary Court. 

A Customary Court has both civil and criminal jurisdiction. In certain civil matters the Customary court has unlimited jurisdiction i.e.

1. Matrimonial cases and other matters between persons married under Customary law, that is matrimonial causes and related matters under customary law; and 
2.  Suits relating to the guardianship and custody of children under customary law. 

It has limited jurisdiction in (1) causes and matters relating to inheritance upon intestacy and the administration of intestate estates under customary law, and (2) other cases under customary law – provided the subject matter of the case does not exceed N100.00.

The Customary Court would exercise criminal jurisdiction in the following cases:

1. Any offence against the provisions of an enactment, which expressly confers jurisdiction on the court. 
2.  Offences against rules and bye-laws made by Local Government Council or having effect as if so made under the provisions of any enactment and in force in the area of jurisdiction of the court.
3. Contempt of court committed in the face of the court. 

 Magistrate Courts

Magistrate Court are established and governed by the laws of the various States.

In this paper, we will use Lagos State Magistrate Courts Law (cap 127) which fairly represents all the others as a case study. (Amended as Lagos State Magistrate Courts Law 2009).

COMPOSITION

In Lagos State the Chief Magistrates Court are graded, Chief Magistrate Grade 1,2; Senior Magistrate Grade 1,2; Magistrate Grade 1,2 and 3. A Court Registrar with the following duties serves every Magistrate.

1. To attend at such sittings of the court as the Magistrate shall direct.
2.  To prepare or cause to be prepared Summons, Warrants, Orders, convictions, recognizes, writs of execution and other documents and submit the same for the signature of the magistrate. 
3. To make or cause to be made copies of proceedings when required to do so by the magistrate and to record the judgments, convictions and orders of the court; 
4.  To receive or cause to be received all fees, fines, and penalties, and all other moneys paid or deposited in respect of proceedings in the court and to keep or cause to be kept accounts of the same, and e. To perform or cause to be performed such other duties connected with the court as may be assigned to him by the Magistrate. 

Every Magistrate is ex-officio Justice of the Peace in Lagos State and exercises all the powers of a Justice of the Peace. The Judicial Service Commission is empowered to appoint a justice of the peace as a Magistrate by a Notice Published in the State Gazette. 

The Magistrate or Justice of the Peace has powers to:

1. Issue summons and warrants for the purpose of compelling the attendance of accused persons or persons as witnesses before the court; 
2.  Issue summons and other process in civil causes and matters;
3. Remand to the court persons who are accused but not convicted of crime; or admit them to bail, 
4.  Issue search warrants, 
5.  Take solemn Affidavits and Statutory declaration and 
6. Administer any oath which may be required to be taken before him in the exercise of any of the jurisdiction and powers conferred upon him by law. 

ORGANIZATION

The whole State is divided into districts called Magisterial Districts. The Chief Judge of the State pursuant to powers conferred upon him to divide the state into Districts has by Lagos State Magistrate District Directions divided the whole State into 10 Magistrate Districts. These are:

1. Lagos Magisterial District. 
2.  Surulere Magisterial District. 
3. Yaba Magisterial District. 
4. Apapa Magisterial District. 
5. Mushin Magisterial District. 
6. Ikeja Magisterial District. 
7. Badagry Magisterial District. 
8. Ikorodu Magisterial District. 
9. Epe Magisterial District. 
10. Agege Magisterial District. 

In practice today, Mushin and Agege Magisterial District are yet to be fully operational, and are still under Ikeja Magisterial District, while Surulere is still under Yaba Magisterial District.

JURISDICTION

Every Magisterate shall have jurisdiction throughout Lagos State. A magistrate’s civil and criminal jurisdiction shall extend over any territorial water adjacent to the district in which for the time being he is exercising jurisdiction as well as over inland waters whether within or adjacent to such district. The Chief Magistrate Grade 1 shall have and exercise jurisdiction in civil causes or matters in all personal actions whether arising from contract or from tort, or from both where the Debt or Damage claimed is not more than N25, 000.00. The Magistrate has until the Recovery of Residential Premises Edict, power over landlord and tenant matters. However, they could still adjudicate on landlord and tenant matters where the tenancy is over commercial premises only subject to the N250, 000.00 limits. This has been discovered lately to be too low and has divested the Magistrate Court of jurisdiction in a lot of minor cases that could easily have been handled by them, thus leading to congestion of the High Courts.

However, by virtue of a new Law, Lagos State Magistrates Court (Increase in Civil jurisdiction Amendment Notice) 2001 the monetary jurisdiction of the various cadres of magistrates courts in Lagos State has been increased to amounts ranging from N25, 000.00 in the case of Magistrate grade 2 to N250, 000.00 in the case of Chief Magistrate grade1, the commencement date is 1st May 2001. Furthermore, this position had to the uparading of the jurisdiction of the magistrate court in Lagos State to N10,000,000.00 (Ten

million naira) only. See the Lagos State magistrate courts Law 2009. By virtue of this law, S.6 provides that all magistrates have equal powers, authority and jurisdiction under the law in effect the former categorisation has been repealed. The criminal jurisdiction of the magistrate is only limited by the law that imposed the minimum and maximum punishment for the offence. The magistrate cannot sentence a person to a prison term of more than fourteen(14) years. (See S.29M.C.L 2009). The Magistrate shall observe and enforce the observance of every Customary Law which is applicable and is not repugnant to natural justice, equity and good conscience or incompatible either directly or by implication with any law for the time being in force, and nothing in this law shall deprive any person of the benefit of customary law. It should be noted that all residents of Lagos State are subject to the jurisdiction of Magistrate Courts.

A magistrate is vested with powers to try criminal and civil cases summarily. Summary trial means with dispatch with minimum of formalities. Apart from capital offences, the magistrate may try any criminal matter provided the accused is properly given the option to choose summary trial before the magistrate or prefer his matter before the High Court.

The magistrate court lacks jurisdiction over land, matrimonial and succession matters.

The Magistrate Court entertains appeals from the Customary Courts, and the Magistrate sits as an appellate court over appeals from the customary courts of the State.

THE ROLE OF MAGISTRATES IN THE JUDICIAL SYSTEM

They act as the bridge between the Customary Courts and the High Court; the Customary Courts are concerned essentially with the administration of customary law and local enactments. Their personnel are untrained, and are generally non suitable for the enforcement or interpretation of serious laws but inconsequential enactments. The High Courts on the other hand are manned by lawyers and the procedure very elaborate, strict and formal. The personnel are highly trained individuals both in law and procedure. Thus, there is an obvious gap that must be filled by an intermediate court having a personnel neither completely untrained nor over-exalted, and a procedure which would be both simple and fast. Magistrate, also play very important role in maintaining peace and order in the society; as a peace officer, they also have powers to prevent breakdown of and order in the society; they also administer oaths and take affirmations and declarations. Their role is so vital to the administration of justice considering the fact that majority of the criminal cases going before the High Courts are first charged before the magistrate court on a holding charge while proper charges are being preferred for the High Court. The police has no right of audience in the High Courts, the intermediate period, between the arrest and investigation and arraignment before the High Court which is normally proceeded by the D.P.P.’s report, is taken care of by the matter being taken before the magistrate on a holding charge.

DISTRICT COURTS

The District Courts are magistrate courts exercising only civil jurisdiction in the Northern Nigeria. They are graded Senior District judge, District Judges grade I, II and III corresponding to the grades of magistrates. They have the same organization, and the magisterial districts serve as he districts for the district courts. The jurisdiction of the district courts is the same as the civil jurisdiction of magistrates in the rest of the country.

CONCLUSION

Clearly, the inferior courts are very important courts in the judicial system as they are not only specialized, but they do handle the bulk of the matters affecting the citizen, as all minor issues are resolved at this stage. They also assist in decongesting the superior courts of record, and serve as court of first instance to the courts of record.