Magistrates Court Law Of Lagos State - WordPress

Laws oftheFederationLAGOS JUDICIARY LIBRARYshall direct some other Magistrate to act instead of such Magistrate for theHearing and determination of such particular cause or matter.(2)Where the Designating Magistrate is affected by the provisions ofsubsection (1) of this section, the Designating Magistrate shall excusehimself and delegate another Magistrate to perform his functions.20.There may be appointed from time to time, Registrars, Court clerks andother officers as the commission thinks necessary, who shall be subjectedto the general supervision and control of the Commission and who shall beunder the immediate direction and control of the Court Administrator forthe purpose of the general support of the judicial functions of Magistrates.21.(1)(2)(a)(b)22.(1)(2)(a)(b)The Court Clerks shall attend such sittings of the Court as the Magistrateshall direct.The Registrar shall be responsible forpreparing summonses, warrants, orders, convictions, recognizance, writs ofexecution and other documents and summit the same for the same for thesignature of the Magistrate; andperforming such other duties connected with the Court as may be assignedto him by the MagistrateThe Commission shall appoint any person with a degree or relevantprofessional qualification of not less than ten (10) years cognate experienceas a Court Administrator whose employment shall be defined by a servicecontract.the Court Administrator appointed under this Law shallbe responsible for the day to day administration and efficient operation ofthe Magistracy.support, assist and ensure the operational efficiency of the Magistracy inthe execution and performance of its judicial functions;

Laws oftheFederationLAGOS JUDICIARY LIBRARY(c)be the Chief Administrative and the Accounting Officer of the Magistracy.(3)(a)the duties and functions of the Court Administrator shall be themanagement of the budget of the Magistracy and among other things,undertake the financial administration including budget preparation, fiscalmanagement of appropriated and other funds, purchasing, cash collection,accounting and auditing through various departments in the Magistracy;management and overseeing the administrative staff attached to theMagistracy including disciplinary matters as prescribed by the relevantrules, processes and laws;establishment and management of procedures for the acquisition andmaintenance of furniture, equipment and other things which are incidentalto the smooth running of the Magistracy;carrying out the directives of the Commission as may be prescribed fromtime to time; anddelegation of any of his duties to the Assistant Court Administrator in eachMagistrate Court House.(b)(c)(d)(e)(4)23(1)(2)(a)(b)(c)The Court Administrator or Assistant Court Administrator shall not at anytime exercise any judicial function.There shall be appointed as many Court Recorders as the Commissiondeems sufficient and who shall be subject to the general supervision andcontrol of the Commission.the duties of Court recorders shall be toattend to all sittings of the Court as the Magistrate shall direct.make verbatim record of Court trials, proceedings and other matters,noting essential events during proceedings and to certify records of theCourt;provide typed written transcripts as required by the Magistrate, to partiesto the proceedings or any member of the public within seventy two (72)hours signed by the recorder of the proceedings and the Magistrate inwhose court the proceeding took place; and

Laws oftheFederation(d)24.(1)LAGOS JUDICIARY LIBRARYreceive or cause to be received all fees in respect of such copies ofproceedings in the Court.The Court shall appoint interpreters for proceedings where necessary andsuch persons so appointed shall be duly sworn in.(2)Any person who is sworn as an interpreter shall interpret or provideadequate language interpretation in respect of all proceedings before theCourt where the party cannot understand the language used at the trial.25(1) The Commission shall appoint such number of Magistrate Courts'Appointment Performance Assessors (in this Law referred to as "assessors")as it deems fit.(2)(a)(b)the functions of the assessors shall be tomonitor the duties and functions of the Magistrateassess, evaluate the nature and number of cases heard or pending beforeMagistrates with a view to remitting the information or data to theCommission;(c)manage, plan, evaluate and develop case flow management systems for theMagistracy; and(d)perform such other function as may be designated by the Commission.(3)The assessor shall on behalf of the Commission, have access to allnecessary records and information as may be required for the performanceof his functions.(4)The assessor shall at no time interfere with, disrupt or have any controlover the judicial function of the Magistrate Court.26(1)The Commission shall appoint Commissioner for Oath for each MagisterialDistrict to administer Oaths and affirmations.

Laws oftheFederationLAGOS JUDICIARY LIBRARY(2)Such persons appointed by the Commission shall be duly sworn ‐ in by theChief Judge of the State as Commissioner for Oaths.27.(a)(b)(c)(d)Every Magistrate shall have power to:administer and take solemn affirmations and declarations;accept production of books and documentsmake such decrees and orders; andissue such processes and exercise such powers, judicial and administrative,in relation to the administration of justice, as shall from time to time beprescribed by any law, or subject to any special order of the Commission.28.(1)(a)(b)(c)(d)(2)Subject to the provisions of the Constitution and any other law, aMagistrate shall exercise jurisdiction in civil causes or matters ‐in all personal actions arising from contract, tort, or both, where the debtordamage claimed, whether as a balance of account or otherwise, is not morethan ten million Naira (N 10,000,000:00) at the time of filing;in all actions between landlord and tenant for possession of any land,agricultural, residential or business premises or house claimed under anagreement or refused to be delivered up, where the annual rental valuedoes not exceed ten million Naira (N 1 0,000,000:00) at the time of filing:Provided that, in all such actions, the claimant may in addition, claimarrears of rent and mesne profits irrespective of the fact that the totalclaim exceeds ten million Naira (NI 0,000,000:00);to appoint Guardian ad litem and to make orders, issue and give directionsrelating to their appointment;to grant in any action instituted in the Court, injunctions or orders to stay,waste or alienate or for the detention and preservation of any property, thesubject of such action or to restrain breaches of contract or tort; and (e) tohandle appeal from Customary Court.Without prejudice to the powers of enforcement conferred under anyexisting legislation, a Magistrate shall exercise jurisdiction in all civil causes‐

Laws oftheFederation(a)(i)(ii)(b)(i)(ii)(iii)(iv)LAGOS JUDICIARY LIBRARYfor the recovery of penalties, charges, rates, taxes, expenses, cost ofenforcement of statutory provisions, contributions or other like demands,which may be recoverable by virtue of any existing Law ifit is not expressly provided by any other law that the demand shall berecoverable only in some other Courts;the amount claimed in the action does not exceed ten million Naira (N I0,000,000:00) at the time of filing; andto issue process and make any order or give such directions for the dueenforcement of the regulatory provisions and any other legislation andsubsidiary legislation contained in any of the following legislations ‐Urban and Regional Planning Development Law No.9 of2005 and subsidiarylegislations;Lagos State Lotteries Law 2004 Cap. L 89, Laws of Lagos State of Nigeria;Land Use Charge Law Cap. L 61, Laws of Lagos State of Nigeria 2003; andany other regulatory legislation as may be prescribed from time to time.(3)The applicable Rules for the enforcement of regulatory legislation undersubsection.(2) of this Section shall be as set out in Schedule 2 to this Law inaddition to any other rules or regulations as may be made by the ChiefJudge on the recommendation of the Attorney ‐ General.(4)The amount claimed in an action brought under subsection (2) of thisSection shall not exceed ten million Naira (Nl0,000,000:00) at the time offiling.(5)Magistrates shall have concurrent powers to handle offences under otherlegislations as specified in Schedule 3 to this Law.(6)The Attorney ‐ General shall have powers to make Regulations under thisLaw to amend the list of offences contained in Schedule 3 to this Law,subject to the approval of the Lagos State House of Assembly.(7)Subject to the provisions of any other Law, a Magistrate shall not exerciseoriginal jurisdiction in any cause or matter which raises any issues as to ‐the title to land(a)

Laws oftheFederation(b)29.(1)LAGOS JUDICIARY LIBRARYthe validity of any devise, bequest or limitation under any will orsettlement.Subject to any restrictions or conditions prescribed by the Constitution orby any other law, Magistrates shall have jurisdiction and powers in respectof the summary trial and determination of criminal cases as set out in thisSection.(2)A Magistrate shall have jurisdiction for the summary trial of offences andon the conviction of any person accused of any such offence, may, subjectto the other provisions of this Section, impose the punishment provided bylaw for that offence.(3)The fine which a Magistrate may impose in respect of any offence, shall notexceed the maximum fine provided for that offence under the law.(4)The term of imprisonment which a Magistrate may impose in respect of anyoffence, shall not exceed the maximum term of imprisonment provided forthat offence under the Law.(5)A Magistrate shall not sentence a person to a prison term of more thanfourteen (14) years.(6)Notwithstanding any provision contained in this or any other Law, thecriminal jurisdiction of Magistrates' Courts shall extend to the trial ofoffences contained in any of the following Laws ‐Urban and Regional Planning and Development Law No. 9 of 2005Personal Income Tax Law Cap. P4, Laws of Lagos State of Nigeria 2003;Environmental Sanitation Law Cap. E5, Laws of Lagos State of Nigeria 2003;andLagos State Lotteries Law 2004 Cap. L89, Laws of Lagos State of Nigeria.(a)(b)(c)(d)

Laws oftheFederation(7)30.(1)LAGOS JUDICIARY LIBRARYThe jurisdiction conferred on a Chief Magistrate in the Administration ofCriminal Justice Law 2007 and any other Law, shall continue to apply to anyMagistrate in the State after the commencement of this Law.The Attorney ‐ General on the recommendation of the Commission, may bynotice in the Gazette authorise increased jurisdiction in civil causes ormatters to be exercised by any Magistrate to such an extent as theCommission may specify when making such recommendation.(2)The Attorney ‐ General, on the recommendation of the Commission, mayby notice in the Gazette authorise any Magistrate to impose punishmentsexceeding that prescribed under Section 28 of this Law to such extent Asthe Commission may specify when making such recommendation and suchauthority may be either general or in respect of such of the offences whichthe Magistrate has jurisdiction to try as may be specified in the notice.(3)An authority given under this Section may at any time be revoked by theAttorney ‐ General by notice in the Gazette.(4)The power conferred further to subsections (1) to (3) above shall be subjectto the approval of the Lagos State House of Assembly by resolution.(a) cause to be executed, any Writ, Order or process issued from the HighCourt of the State;(b) take security from any person named in a Writ or Order for his appearancein the High Court; and(c)in default of security being given or when the High Court so orders, sendthe person to the place named in the Writ.32(1)Every Magistrate and Justice of the Peace is authorised to administer alloaths, which may be taken before him in the exercise of any of thejurisdiction and powers conferred on him by this or any other law.

Laws oftheFederation(2)33.(1)LAGOS JUDICIARY LIBRARYOaths may also be administered during trial by a Court Clerk or otherofficer of the Court under the direction of the Magistrate.In every civil cause or matter in the Court, law and equity shall beadministered concurrently.(2)A Magistrate in the exercise of the jurisdiction vested in him by this Law,shall in every cause or matter, have power to grant and shall grant, eitherabsolutely or on such terms and conditions as shall deem fit, all suchremedies as any of the parties may appear to be entitled to, in respect ofany legal or equitable claim properly brought forward by them in the causeor matter, to ensure that all matters in controversy between the parties becompletely and finally determined, and avoid multiplicity of legalproceedings concerning any of such matters.(3)In all causes or matters in which there is any conflict or variance betweenthe rules of equity and the rules of common law with reference to the samesubject, the rules of equity shall prevail.34.(1)A Magistrate shall observe and enforce the Customary Law which isapplicable and is not repugnant to natural justice, equity, and goodconscience or incompatible either directly or by implication with any lawfor the time being in force, and nothing in this Law shall deprive any personof the benefit of Customary Law.(2)Customary Law shall be deemed applicable in causes and matters betweenpersons where it may appear to the Court that substantial injustice wouldbe done to either party by a strict adherence to any rules of law whichwould otherwise be applicable.(3)No party shall be entitled to claim the benefit of a Customary Law, if it shallappear either from express contract or from the nature of the transactionsout of which any suit or question may have arisen that such party agreed

Laws oftheFederationLAGOS JUDICIARY LIBRARYthat his obligations in connection with such transactions should beexclusively regulated otherwise than by Customary Law or that suchtransactions are transactions unknown to Customary Law.35.(1)In civil cases a Magistrate shall, so far as there is proper opportunity,promote reconciliation among persons over whom he has jurisdiction, alsoencourage and facilitate settlement in an amicable way of matters indifference between them.(2)The Magistrate may refer proceedings in relation to any action, part of orany matter arising out of it, for mediation to the Citizens' Mediation Centreestablished under the Citizens' Mediation Centre Law and or Lagos Multi ‐Door Court house.(3)Reference to mediation under the provisions of subsection (2) of thisSection shall be made with the consent of the parties to the proceedings.36.(1)A Magistrate may, with the consent of the parties refer all or part of theproceedings to mediation and arbitration, the Court shall determine themediator and arbitrator and also the manner and terms of proceedings asthe Court thinks just.(2)No such reference shall be revocable by any party except with the consentof the Magistrate.(3)On any such reference, the award of the mediators or arbitrators shall beentered as the judgment in the proceedings and shall be as binding andeffectual to all intents as if given by the Magistrate.in this Section, the expression “award” includes an interim award(4)37.In criminal cases, a Magistrate may encourage the settlement in anamicable way of proceedings for common assault or for any other offence

Laws oftheFederationLAGOS JUDICIARY LIBRARYnot amounting to felony and not aggravated in degree, on terms ofpayment of compensation or other terms approved by him.38.(1)A legal practitioner acting for parties in any proceedings in the Magistrates'Court shall advise the parties to the proceedings on the process ofAlternative Dispute Resolution (ADR) that may be used to resolve anymatter in dispute.(2)It shall be the duty of any legal practitioner to write a letter of demandbefore commencing action in all civil proceedings in a Magistrate Court.(3)The letter of demand referred to in subsection (2) above shall specify thenature of the claim and the remedy sought.(4)Failure to write a letter of demand will go to the issue of costs as set out inthe Magistrate Courts (Civil Procedure) Rules.39.The Commission may, by notice in the Gazette, appoint the places whereMagistrates shall sit for the dispatch of the business of the Court, and mayin like manner change such places.40.(1)The Court shall be open throughout the year except on Saturdays, Sundaysand public holidays for the transaction of business, and shall sit at suchtimes as may be determined by the Magistrate subject to the direction ofthe Commission.(2)Notwithstanding subsection (1) above at least one Court in everyMagisterial District shall be open and available for business on any givenSaturday for the hearing of matters relating to remand, bail and other non‐custodial disposition.41.At any sitting of the Court, a Magistrate may hear, determine and deal witheither civil or criminal causes and matters or with both.

Laws oftheFederation42.(1)LAGOS JUDICIARY LIBRARYA Magistrate may adjourn from the date of commencement of trial andduring the proceedings for a period not exceeding fourteen (14) workingdays.(2) A Magistrate may, after the matter has been set down for trial at hisdiscretion, grant in ‐(a) uncontested civil cases, not more than two (2) adjournments(b) contested civil cases, not more than four (4) adjournments.(3)The period of adjournment to attend mediation proceedings are excludedfrom the operation of this Section.(4)The Magistrate shall endeavour to conclude all criminal matters withinninety (90) days from the date of arraignment.(5)Subject to the provisions of this Section, in the event that any the parties tothe action fails to, is unable to or refuses to attend Court proceed with thecause or matter, the Magistrate shall strike the matter off the cause list andout of the Court or enter judgement in default against t defendant.(6)For the purpose of this Section, the date of commencement of trial shall bethe date set down by the Magistrate for the trial of the action and shall notbe later than twenty (20) working days after the date of assignment of theaction by the Designating Magistrate:Provided that where the Magistrat

LAGOS JUDICIARY LIBRARY Laws of the Federation 33. Concurrent Administration of Law and Equity. 34. Application of Customary Law. 35. Reconciliation and Mediation in Civil Cases. 36. Power of Magistrate to refer to Mediation, Conciliation and Arbitration 37. Reconciliation in criminal cases. 38.