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MAGISTRATE COURT
Magistrate court is a court of small claims. Note that, its main purpose is to allow people to resolve relatively some minor conflict such as property damage, failure to pay debt or properly perform a service. Note also that, the person filing the claims is refer to as a plaintiff; where as the party responding to the charges is refer to as defendant.
Magistrate court is a lower court where al the criminal proceedings start and also where some civil maters are decided. Note also that magistrate court is the first port of call for all criminal offences, it act as a filter for the crown court, preventing unsuitable cases going forward, and tries 98 percent of criminal cases. Note further that, magistrate court deals with three kings of offences, which are as follows:
· Summary Offenses: – These are less serious cases such as motoring offence and minor assault where the defendant is not entitled to trial by Jury.
· Either – Way Offences: These offences include theft and handling stolen goods or properties, these offences can be dealt by the magistrate court or before a judge and jury at the crown court. For example a suspect can insist on their right to be trial in the crown court, similarly magistrate court can decide that a case is sufficiently serious that it should be dealt in the crown court where tougher punishment can be given).
Indictable – only offences: – These are case that includes murder, manslaughter, rape and robbery. These are serious criminal offence that must be heard at the crown court. Note that with indictable offence a magistrate court will decide on whether to grant bail, and the case will then be pass to the crown court. But note further that, if the case is to be dealt within the magistrate court, the defendant will enter what we call a plea in court of law, and if they plead guilty the magistrate can impose a sentence of up to six month or twelve month imprisonment. But if the defendant is found not guilty, they will acquitted that they are judge innocent in the eyes of the law and should be free to go provided that there are no other cases against them outstanding.
CONSTITUTION
Section 6 (2) of the constitution of the Federal Republic of Nigeria provides that:
“The judicial powers of the state shall be vested in the courts to which this section relates, being courts established, subject as provided by this constitution of a state”
It would be served that this sub-section refers to the superior courts of record mentioned in the constitution such as the High Court, customarily court of Appeal and Sharia court of Appeal of a state. The same constitution provides further in sub-section of section 6 inter alia:
“Nothing in the foregoing provisions of this section shall be construed as precluding.
a. The National Assembly or any House of Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of a high court”.
Finally, paragraph k of the sub-section 6 provides that:
“This section relate to …….
(k) such other courts as may be authorized by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House Assembly may make laws”
It is clear like crystal from foregoing, that it is the constitution that vests power in a House of Assembly of a state or establish magistrate court and to confer jurisdiction on it by law. However such jurisdiction shall be subordinate to jurisdiction of superior courts of record set out in section 6 (5) 2 of the said constitution the lowest of which is High Court.
In essence, the jurisdiction, practice and procedure and grades of magistrate courts are provided for under the magistrate courts law of each state that has magistrate courts. In the case of Magistrate courts in the
Federal capital territory Abuja, it is established by an Act of the National Assembly.
The criminal procedures Act and Criminal procedures code are generally rules of procedures relating to criminal proceedings in the court of Law in southern and Northern states respectively of Nigeria. They also deal with the procedure to be utilized with respect to pre-trial proceeding in criminal cases such as issue of searches, warrant, arrest, bail, custody and production of accused person in court, etc they do not in any way confer substantive jurisdiction in magistrate court.
III. Composition of Magistrate Court
The Magistrate Court is presided over by a magistrate who is appointed by states judicial commission under the state’s chief justice. The chief magistrate is the administrative head of all magistrates courts. This is the only court that has a wide geographical spread around the country.
Note that, a magistrate court is duly constituted when it consists of a magistrate sitting alone. Provision, however, exists for a magistrate to sit with one or two assessors. Note also that, the exercise of criminal jurisdiction there are four grades or classes of magistrates i.e. ordinary magistrate, senior magistrate, provincial magistrate and regional magistrate.
Jurisdiction
“Jurisdiction is the power of the court to decide a matter in controversy and presupposes the existence of a duly constituted court with control over the subject matter and the parties … the power of courts to inquire into facts apply the law, make decisions and declare judgement, the legal right by which judges exercise their authority”.
III. Jurisdiction of magistrate court
a. Territorial Criminal Jurisdiction
i. The criminal jurisdiction of magistrate court is limited to the territory of its state and in some cases to a magistrate district in the state. Subject to special provisions, contained in magistrate court law of each state, a magistrate in a district shall be the presiding officer of the court. He shall have and exercise and all criminal jurisdiction and power conferred upon him by statute and his appointment. Territorial jurisdiction of a magistrate extends 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.
ii. A Magistrate either as presiding officer or otherwise shall not exercise any jurisdiction or power in respect of causes and matter outside his territory. In Rex v Shodipo, the appellant was apprehended in Lagos for an offence committed at Ijoko in the Abeokuta magisterial district. A preliminary inquiry was held and he was committed for trial in the Lagos division of the then supreme court on a charge of fraudulent false accounting contrary to section 438 (b) of the criminal code. He was convicted for the offence. One appeal it was submitted on behalf of the appellant that by reason of section 64 of the criminal procedure ordinance, the preliminary inquiry should have been held by a magistrate in the Abeokuta Magistrate District, the matter was outside the jurisdiction of the Lagos Magistrate, that the proceedings before him were therefore a nullity and that the subsequent trial in the supreme court was also a nullity.
b. Criminal Jurisdiction over Persons
In criminal cases, a magistrate court must possess the require jurisdiction try the offence and persons alleged to have committed the offence before it can invoke its judicial power. For instance, all foreign envoys have diplomatic immunity and this extends to law courts in Nigeria. The immunity can however be waived. Therefore, if a foreign envoys or foreign consular officer waives his immunity and submits to jurisdiction of Nigeria court, it is the federal High court that would have exclusive jurisdiction over the matter. In the case of: Dimitory v Multichoice (Nig) Ltd (2005) 13 NWLR (Pt. 943) 575 it was held that it is important to note that the waiver of immunity does not make the foreign envoy or consular concerned an ordinary citizen of Nigeria whose matter could be entertained by any court in Nigeria. The appropriate court to try all matters involving a foreign envoy accredited to Nigeria and who for one reason or the other have waived the immunity conferred on him is the Federal High court.
c. Jurisdiction on Criminal Causes and Matters
i. Magistrate court in each state of Nigeria has similar original jurisdiction in criminal causes and matters with slight differences in terms of imprisonment and fines that may be imposed by a magistrate. For instance, in Ogun state, section 21 of magistrate court law of Ogun state 2005 provides:
ii. “Subject to the provision of this and any other law or Act, a chief magistrate shall have full jurisdiction in criminal causes and power as hereinafter see forth:
1. For the summary trial and determination of criminal causes as follows:
a. Where any person is charged with committing an offence or with doing any of or with omitting to do any act required by law, the commission or omission of which is in any case punishable either by fine not exceeding fifty thousand naira or by imprisonment not exceeding seven years or by both: power to impose the punishment specify by law:
b. Where any person is charged with committing an offence or with doing any act or with omitting to do any act required by law, the commission or omission of which is stated by the enactment declaring such to be both an offence and to be one punishable or tribal or liable to be dealt with on summary conviction or summary or in a summary manner: power to award the maximum fine or penalty or forfeiture provide by such enactment or both such imprisonment mud such fine or penalty or forfeiture where by law both may be imposed;
c. Where any enactment provides that an order for the payment of money may be made on summary conviction or summarily or in a summary manner in respect of any act or omission; power to order the payment of the sum which may be ordered according to the provisions of the enactment providing for the making of the order.
d. Where any person is charged with committing an offence or with doing any act or with omitting to do any act required by law, the commission or omission of which is an offence, not stated to be triable on summary conviction or summarily or in summary manner, and stated by the enactment declaring such to be an offence that is punishable either by a time exceeding fifty thousand naira or by imprisonment exceeding seven years, or both but taking into account the circumstances of the particular offence with which suchperson is charged and the character and antecedents of the accused himself the court is of the opinion that the charge then before the court appears to be one of such a nature that, if proved, it should be adequately punished by any of the following punishments.
In the Northern states, magistrate courts were originally established by section 6 (1) of the criminal procedure code – four grades of magistrate courts are listed under the code, namely:
1. Chief Magistrate court grade
2. Magistrate court grade I
3. Magistrate court grade II
4. Magistrate court grade III
e. Additional Criminal Jurisdiction
The National Assembly may, by an Act, confer additional criminal jurisdiction in the magistrate court in Nigeria to try federal offences. The house of Assembly of a state can equally make laws to confer additional criminal jurisdiction in the magistrate court state. Thus by section 28 (5) and 29 (6) of magistrate court law of Lagos state 2009, the court was conferred with additional jurisdiction in respect to offences created by many of the state laws.
f. Jurisdiction to Impose Punishment
Section 30 (12) of the constitution of Nigeria 1999 requires that penalty for an offence must be prescribed in a written law usually, an Act or law creating an offence stipulated the maximum punishment for the offence as a rough guide to show how serious the offences is considered to be by the state. In practice, capital offences, maximum punishment are rarely imposed and in most cases a large area of discretion is left with the court to decide based on the characters or evidence against an accused, his guilt, the quantum of punishment of impose, demeanour during trail, first offender and allocutors.
IV. APPOINTMENT OF MAGISTRATE
Currently, unlike appointment of judges, there is no clear cut requirement for appointment of a magistrate apart from being a legal practitioner. Note that, the judicial and legal service commission may appoint fit and proper persons to be second and third class magistrates, and when so appointed, shall exercise the power and jurisdiction conferred upon them by this or any other Act. Note further that, provided that the judicial and legal commission may by the terms of the appointment, restrict the powers to be exercised by a person appointed to be a third class magistrate in such manner and to such extent as it may fit, and such person shall thereupon have and exercise the powers and jurisdiction conferred by this Act only to the extent authorized by the appointed.
REFERENCES
· Black’s Law Dictionary, 6th edition 1990
· Magistrate’s Court Law of Osun State 2002.
· Olutola V University of Ilorin (2004) 11-12 Sc at 219
· Section (4) 1 Kano Magistrate Court Edict 1986
· Section (6) 1 Magistrate Court Law 2009
· Section (8) 4 and 5 of Magistrate’s court (amendment) Law of Lagos State (2007).
SOLD BY: Excellent Project| ATTRIBUTES: Title, Abstract, Chapter 1-5 and
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