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 Offences: - 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 such person 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).
·
12 WACA 374.
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