A Bill seeking for an Act to expand the scope and meaning of Magistrate Court of the Federal Capital Territory, Abuja and the Magistrate Court of a State on Wednesday passed Second Reading in the House of Representatives.
The bill which was sponsored by Speaker of the House of Representatives, Rt. Hon. Abbas Tajudeen Ph.D and Hon. Abubakar Maki Yalleman is titled, “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, Cap. C23, Laws of the Federation of Nigeria, 2004 to Expand the Scope and Meaning of Judicial Office to include the Magistrate Court of the Federal Capital Territory, Abuja and the Magistrate Court of a State and for Related Matters (HB. 1663).
In the lead debate presented by Yalleman, he said the call by many lawyers and magistrates across Nigeria for the amendment of section 3 18 of the 1999 Constitution of the Federal Republic of Nigeria to include magistrates as judicial officers has gained momentum in the last decade.
He said the fact that the Constitution of the Federal Republic of Nigeria 1999 (as altered) did not expressly recognise Magistrates as judicial officers and the misconception of the inferiority status imposed of the Magistrate Court in Nigeria have been of concern to stakeholders in the justice system in Nigeria.
He said a careful study of Section 6 of the Constitution of the Federal Republic of Nigeria 1999 will reveal that the non-inclusion of Magistrates in section 318 of the constitution is a mere omission and was not intended. Section 6 sub-section 5, paragraphs (a) to (k) of the 1999 Constitution listed the Courts of record, while paragraphs (k) & () provides for <Such Other Courts” by the National Assembly and States Houses of Assembly respectively.
Yalleman said the words “Such Other Courts”, established by the National Assembly or any State House of Assembly other than those section 6 specifically mentioned, are only given subordinate jurisdiction.
“That is to say they are inferior or minor to that of a High Court of a State in terms of hierarchy just as the High Court is inferior to the Court of Appeal and the Court of appeal inferior to the Supreme Court: not that they don’t form part of the judiciary.
“S.6(4) (a) even empowers the National Assembly or any House of Assembly of a state to establish courts other than those named in subsection 5 but such other courts shall have subordinate jurisdiction to those expressly named.
“The volume of cases handled by the Magistrate courts in Nigeria is massive. Magistrate Courts hear both criminal and civil cases except cases relating to capital offenses. They also handle most of the cases relating to Landlord/Tenant, traffic cases, debt matters and other specialized cases such as juvenile or family matters. In other words, Magistrate courts hear cases in respect of offences that are committed every hour in our society, These Courts help reduce the caseload of the higher courts.
“The decisions of Magistrate courts are binding and enforceable unless appealed against in the High Courts,” he said.
He said it is therefore very obvious that the importance or relevance of the Magistrate Court in Nigeria is been undermined. It is ironic that the professional ism and discipline of Magistrates are same with that of judicial officers recognized under section 318 of the constitution. Section 8 (3) of the Magistrate Court Law of Lagos State provides that:
“The Commission shall be responsible for ensuring good conduct and discipline of Magistrates”.
He said Magistrates in the states are appointed by the state’s Judicial Service Commission. The Magistrate laws of most states recognize Magistrates as judicial officers. But when it comes to the remuneration and other benefits, the Magistrates are excluded from what is applicable to judicial officers due to the gap in section 3 18 of the Constitution.
He said these are some of the reasons Magistrate courts should be recognized as Judicial Officers under section 318 of the Constitution.
“Fairness is very key if we must bring out the best from those who administer justice in the land. This Bill is an attempt to right the wrong.
“This Bill is about fairness and justice, and one of the reasons we are here as honourable members of this House is to constantly embark on reforms that will help shape the society since no society is meant to be static.
“The alterations in this Bill are in sections 6 sub-section 5, section 292 and section 3 18 to include Magistrate courts in the definition of Judicial Office.”
The Speaker subjected the bill for voice vote and it passed Second Reading. He referred it to Constitution Review Committee for further legislative action.
