Press Releases

Magistrates Gets Higher Status, To Sit On Saturdays
…As Fashola signs new law on Reforms of Magistrates Courts

Jul 27, 2009 - Lagos State Governor, Mr. Babatunde Fashola (SAN) on Monday signed into a law a bill, which provides for a comprehensive restructuring of the Magistrates’ Court practice, declaring that the new law was targeted at ensuring an improvement of the administration of justice at the first level.

Governor Fashola who spoke at the Banquet Hall of the Lagos House, Ikeja added that the administration is committed to undertaking a total reform of the Magistracy or what represents the People’s Court.

The Governor explained that the new law would also bring succour to the issue of landlords and tenants which has for a long time become contentious and acrimonious.

He added that the old Magistracy law, which has been in operation since 1955, has become obsolete because the drafters did not take cognizance of the rapid development, which the state has witnessed in terms of demands for justice.

He explained that it was regrettable that some of the provisions of the Magistracy law have become unrealistic due to some of the provisions such as that on values which in most instances gave very wrong conversion rates for the Naira when compared against denominations like Pounds and Shillings.

The Governor added that the new law would ensure that the state is brought into tandem with what is obtainable in other parts of the world adding that what the state had before the new law was not in line with contemporary realities.

He said under the new law, Magistrates would now work on Saturdays to prevent the situation where suspects are kept behind bars over the weekend under the pretext that the magistrates could not sit on weekends.

Governor Fashola added that the new law would correct anomalies as suspects are expected to be arraigned before the Magistrate Courts within 24 hours after their arrest.

According to the Governor, several cases that should have been dispensed with at the Magistrate Courts were usually transferred to the High Courts because of lack of jurisdiction leading to several adjournments.

“This is drawing behind the dispensation of justice and development in the state. The new law will enhance the dignity, jurisdiction, office and status of Magistrates in the State,” he said.

Governor Babatunde Fashola added that other reforms being put in place by the administration include the construction of over 200 Magistrates Courts all over the state while verbatim reporters are also undergoing training on the use of digital equipment to record court proceedings in order eliminate the tedium of manual verbal reporting in all Magistrate Courts in the State.

Governor Fashola expressed his appreciation to the members of the Magistracy and Justice Sector Reform Committee for the very thorough job that they did in evaluating the existing regime and proposing a methodology of elevating the Magistracy.

He also appreciated the State House of Assembly for the speedy manner it worked on the executive bill before its passage.

Speaking earlier, the Special Adviser to the Governor on Political and Legislative Matters, Hon AbdulLateef AbdulHakeem said the new law, which has 96 sections, has provisions for raising the amount for which the court could legislate to N10Milion from the former One Million Naira.

He added that the law also provides that if a case has been started and by virtue of some fluctuation in exchange rates, the amount in the case has gone beyond N10 Million, the case can still be continued.

He added that another provision of the law is that once a case is assigned it must go for trial within 20 days, while once evidence has completed before a magistrate, judgments must be given within 21 days after completion of evidence, adding that no case can have more than four adjournments at the maximum before it is decided.

Hon. AbdulLateef AbdulHakeem added that under the new law, only Policemen who are lawyers can prosecute cases before Magistrates Courts unlike what obtained before where some Policemen can prosecute cases without any notice to legal officers.

The Special Adviser explained that Magistrates would now be distinguished from the lawyers by the wearing of a special robe and addressed as ‘Your Honour’.

“Now, only lawyers that have acquired five years experience after they had been called to the Bar that could be appointed a Magistrate unlike before when it was two years,'' he said.

Hon AbdulHakeem added that all Magistrates now have the same powers, authority and jurisdiction under the new law.

The bill signing event was witnessed by the Attorney General and Honourable Commissioner for Justice, Mr. Supo Sasore (SAN), other members of the State Executive Council and members of the Magistracy and Justice Sector Reform Committee.