The Inferior Courts

MAGISTRATE COURTS

Amongst the inferior courts of record in the Nigerian Legal System, the magistrate court is one of the most important. The term “magistrate” refers to any justice or justice of peace acting under any enactment or by virtue of his/her commission.

Magistrate courts have limited jurisdictions which are created by law, and a magistrate court is constituted by a single magistrate. Every state has its own classification for different magistrates which is provided for by a law made by the State House of Assembly. In Lagos State, there is the Magistrate Court of Law of Lagos State. Under Section 3, the chief judge of Lagos State has the power to divide the state into magisterial district and so, he can name them or number them in any way he pleases. Section 4 provides for the extension of the Magistrate Court’s jurisdiction over territorial and inland waters within or adjacent the area over the which magistrate court has authority.

Appointment

Magistrates are appointed by the Governor of a state, on the advice of the state Judicial Service Commission. They may be appointed from time to time by notice in a state Gazette and a magistrate may be styled as a chief magistrate, senior magistrate, Magistrate Grade I, Magistrate Grade II, Magistrate Grade III.

Duties of a Chief Magistrate

The Chief Magistrate has to ensure, as far as is practicable, the even distribution of work amongst the magistrates in the court and the expeditious disposal of all legal business pending in the court. The Chief Magistrate is also to take such steps as may be necessary to relieve congestion in magistrate courts.

Civil Jurisdictions of Magistrates

Chief Magistrate Grade I: Section 17(1)(a) of Magistrate Court Laws provides that the Chief Magistrate Grade I may have jurisdiction in all of the following cases.

1. a. personal matters whether arising from contract or Tort where the debt or damage claim is not more than 250,000 naira.
2. b. Jurisdiction shall also lie in actions between landlords and tenants for possession of any land or houses where the annual value or rent does not exceed 250,000 naira.
3. c. a Chief Magistrate Grade I may have jurisdiction in all actions to recover with any penalty any expenses, contribution or other similar or like demand which is recoverable by virtue of any enactment for the time being in force if it is not expressly provided by that or any other enactment that the demand shall be recoverable only in some other courts and if the amount claimed in the action does not exceed 250,000 naira.
4. d. to appoint guardians ad litem and to make orders and issue and give directions relating thereto.
5. e. to grant in any action instituted in the court, injunctions it orders to stay waste or alienation or for the detention and preservation of any property the subject of such action or to restrain breaches of contract or tort.

Chief Magistrate Grade II: a Chief Magistrate Grade II has jurisdiction in civil matters in the same situations where a Chief Magistrate Grade I would, with the only difference being the limitation of a Chief Magistrate Grade II’s jurisdiction to matters not exceeding 150,000 naira. Also, the Chief Magistrate Grade II cannot exercise original jurisdiction in any issue as to title of land or any interest in land.

The other Magistrates also have authority in civil cases as already stated, but with limitations as to the amount they can each attend to in matters brought before them.

According to Section 25, in civil cases, the magistrate shall promote reconciliation amongst persons over which they have jurisdiction and encourage and facilitate the settlement in an amicable way. In criminal cases, a magistrate under Section 26 may encourage and facilitate the settlement in an amicable way of proceedings for common assault or for any other offence not amounting to a felony and not aggravated in degree in terms of payment of compensation or other terms approved by him.

Section 18 of the Magistrate Courts Law covers the criminal jurisdiction of the magistrates. It provides the term of imprisonment which the magistrate can impose in respect to any offence.

1. Chief Magistrate Grade I- seven years or a fine of 4,000 naira.
2. Chief Magistrate Grade II- six years or a fine of 3,000 naira.
3. Senior Magistrate Grade I- five years or a fine of 2,000 naira.
4. Senior magistrate Grade II- four years or a fine of 1,000 naira.
5. Magistrate Grade I- three years or a fine of 500 naira.
6. Magistrate Grade II- two years or a fine of 200 naira.
7. Magistrate Grade III- one year or a fine of 100 naira.

CORONER'S COURT

The law regarding a coroner is triggered when some certain situations have occurred, usually a death in mysterious circumstances, which requires knowledge to be unraveled.

Every magistrate is a potential coroner and other fit persons so appointed. In some jurisdictions, a coroner must be a barrister, solicitor or a general medical practitioner of at least five years standing in their profession. The coroner’s law of each state lays down the procedures for holding an inquest. Hence, a coroner is a person empowered to find an inquest in the body of a deceased person who appears to have died a violent or an unnatural death, or in the body of a deceased person belonging to any class specified by the appropriate coroner’s law. A coroner may also hold an inquest when a person dies in confinement, such as in a lunatic asylum, prison or in police custody.

In the course of making an inquest, where the cause of death is murder, manslaughter or infanticide, the coroner may issue a summons or warrant of arrest to secure the attendance of such a suspect before a magistrate court. Also, if in the course of the inquest, the coroner is of the opinion that sufficient grounds have been disclosed for instituting criminal proceedings, he must stop the inquest for the time being until the trial of the accused has been concluded. It should be noted that a coroner’s findings are not a conviction, but an indictment. The coroner may receive evidence on oath, and an inquest may hold on any day, in public or in private.

Where the body has been wrongfully buried without first holding an inquest, the coroner may make an order for exhumation and conduct the necessary inquest if the circumstances of death require the bonding of an inquest. Upon the findings of an inquest, the coroner may report to the police and as such, the accused will be tried in a court of competent jurisdiction in respect of the findings.

JUVENILE COURT

A juvenile court is a court established for the prosecution and welfare of children and young persons. The Children and Young Person’s Law of the various states of the federation empowers the Chief Judge of a State to constitute a Juvenile Court for the purpose of hearing and determining cases relating to children and young persons. In Lagos State, there is the Children and Young Persons’ Law of Lagos State. The Juvenile Court is constituted of a magistrate and two assessors, one of whom is to be a woman.

A juvenile may either be a child or a young person. A child is a person below the age of fourteen, while a young person is between fourteen and seventeen in the south, and fourteen and eighteen in the north. The Children and Young Persons’ Law provides for the establishment of approved schools, demand homes and probation officers to minister into or to attend to the welfare or interest of juveniles.

While the proceedings of a court are usually open to the general public, this is not the case for juvenile courts as they are not generally open to the public. Juvenile courts are special courts, as they cater for the interests of children. The proceedings are closed to members of the public except members and officers of the court, the parties and their counsels and other persons directly concerned in the case including parents and guardians of the accused. All other members of the public may only attend with the leave of the court. The court generally sits either in a different building or room from that which it ordinarily sits or on different days or time from those at which ordinary sittings are held. This is intended to protect the interest of the juvenile and guarantee the requisite special treatment.

While a juvenile may be found guilty of an offence, the law forbids the use of the words “conviction” or “sentence” for such a juvenile. A child is not to be imprisoned, although a young person may be imprisoned if he cannot be dealt with in any other way. Neither a child nor a young person may be sentenced to death, and a juvenile should at all times during and after the trial be prevented from associating with adult accused or convicted persons.

Once a juvenile has been found guilty of the offence charged, the law may adopt any of the following corrective measures.

1. dismiss the charge.
2. discharge the juvenile in his entering into a recognizance.
3. discharge the juvenile and place him under the supervision of a probation officer.
4. commit the juvenile to the care of an approved institution, relative or other fit person.
5. order the juvenile to be caned.
6. order the juvenile, his parent or guardian to pay a fine, damages or cost.
7. order the parent or guardian to give security for his good behaviour.
8. imprisonment (for young persons only).

COURTS MARTIAL

The Courts Martial is a court which conducts the trial of persons of more serious offenses in the armed forces. The court was created by The Armed Forces decree. The decree recognizes two types of courts martial with different jurisdictions, the general court martial and the special court martial. The general court martial consists of a president and not less than four members, a waiting member, a liaison officer and a Judge Advocate. The general court martial has the jurisdiction to try persons who are subject to service law under the decree for an offence triable by a court martial or ego by law of war is subject to trial by a military tribunal. However, the general court martial may not impose a sentence of death where the court consists of less than seven members. A special court martial consists of a president and not less than two members, a waiting member, a liaison officer and a Judge Advocate. The special court martial has the powers of a general court martial, except that it shall not impose a sentence that exceeds imprisonment for a term of one year or death when it consists of only two members.

The Convener

A courts martial may be convened by any of the following.

1. the President
2. the Chief or Defence Staff
3. service Chiefs
4. a general officer commanding, a brigadier, colonel or lieutenant colonel or their corresponding ranks having command of a body of troops or establishments
5. an officer for the time being acting in place of those officers.

In Nigerian Air Force v Obiosa, the appellant was charged before a general court martial on a six-charge including forgery, uttering and stealing. An Air Commodore has convened the general court martial on the instructions of the Chief of Air Staff and one of the objections raised by the accused was that the court martial was not properly convened. The objection was overruled and the accused was convicted. On appeal to the Court of Appeal, the Court Martial’s judgement was set aside with one of the reasons being that it was not properly convened. Upon further appeal to the Supreme Court, it was held that it was properly convened.

A court Martial is duly constituted if it consists of the President of the court martial, not less than two officers and a waiting member. An officer shall not be appointed to form a court martial unless he is subject to service law and has been in the armed forces for a period amounting in aggregate to not less than five years.

It should be noted that the court martial operates the same rules of court as civilian courts for the most part, with the standard of proof being proof beyond reasonable doubt. Judgements may be appealed to the Court of Appeal, and a civilian court may not try a matter which has already been tried by a court martial.