Neglect of lower courts in Nigeria: Task for state legislators
THE Citizens Support for Lower Courts held its maiden zoom seminar on December 11, 2023 on the topic: ‘ The Role of the Magistrate and Customary Court Judges in Nation Building, Safety and Security.’ The seminar was held largely to find solutions to the problems faced by the lower courts in carrying out its constitutional role as part of the Judiciary. It’s very saddening that after over 25 years of APC leadership in Lagos State and eight years at the federal level, very little has been achieved in granting citizens access to justice.
While we acknowledge the extension of the retirement ages of all superior court judges and the recent increase in budgetary allocation to the National Judicial Council ( NJC), the various states ( save for Osun State) have done very little in reforms that aim to increase productivity and capacity within the lower courts. I therefore appeal to all State Judicial Service Commissions, Law Reform Commissions, Ministry of Justices in the states to take a closer look at the lower courts and apply some of the recommendations suggested below.
I will also strongly appeal to the legal community to partner with government in this regard. I therefore call on the leadership of the Nigerian Law Society ( NLS), the Nigerian Bar Association ( NBA), MULAN, CLASFON, Catholic Lawyers Association, FIDA, AWLA and other stakeholders to work collaboratively to ensure that we enjoy democracy, rule of law and justice for all.
Summary and recommendations from the seminar
Dr. Muiz Banire, who was the lead speaker emphasised on the importance of the Lower Courts as being the grassroots’ court handling well over 70 per cent of the nation’s disputes. He noted that the way and manner of appointment and the treatment of lower courts judges was well below the acceptable standards which need urgent reforms and a change of attitudes.
Banire suggested the following solutions:
The law providing for the qualification of Magistrates must be streamlined and specific to state that a person to be appointed a magistrate must be a person of integrity and good character, who has substantial practice experience as a practicing lawyer.
Review in the law establishing the customary court judges in the aspect of stating that a customary court judge must be a person with ‘ adequate means’ how do you determine adequacy and what has it got to do with the administration of justice.
Lower courts must be insulated from all forms of political interference – merit based appointments are crucial to ensuring that the lower courts are respected and effective.
The appointment process must be transparent and made public. Names of every applicant to the bench must be published in newpapers for all to see and comment on.
Other suggestions are; The working environment, court rooms, general facilities, working tools and technology must be improved upon.
Lower court judges must have electronic law reports, computers, printers and stationary to work effectively.
Lower court judges need cars, the need to be given homes under the government housing schemes where they can pay in instalments, access to health care and regular salary review. The retirement age of lower court judges must be increased. and Legislation must be made to take them out of the civil service structure and be regarded as judicial officers.
Lower Court judges ought to be given priority in the process of elevation to the higher bench.
Other recommendations are: the National Judicial Council rules regarding the need to be a chief magistrate in order to be considered for elevation as a judge must be removed. Appoint lower court judges based on the availability of infrastructure and increase their monetary jurisdiction considering the rate of inflation and other economic indicators. This will reduce the burden on Higher Courts.
Creation of a special appellate court for all disputes arising from Magistrate courts and appoint deserving magistrates to those appellate courts as final arbiters to some categories of disputes like tenancy.
Justice Toyin Taiwo ( rtd), a former Magistrate who was elevated and retired on the High Ccourt bench spoke about improving the relationship between judges of the high court bench and the lower bench. Justice Taiwo while agreeing with the lead speaker on most of the issues, she noted that the government may not be able to adequately provide all the needs of the lower courts at once.
Her lordship agreed that there should be special focus on the welfare of lower court judges with a view to making it better and more in line with the realities of the current economic situation.
She also agreed that there is a need to improve on the relationship between judges of the higher bench and the lower courts, suggesting that they should meet more often in training conferences, mentoring sessions and other opportunities, creating an atmosphere where Magistrates can approach High Court judges for advice and other social issues.
While responding to the unsavory treatment meted out to lower court judges by judges of the high bench, wherein the lower court judges are treated like subordinates, looked down upon and literarily treated like servants of high court judges; Taiwo said that she had no personal experience with such behaviour but condemned it as not being ideal and unacceptable.
She noted that as a lower court judge, integrity is implied. “When you want to be an adjudicator, you must be above what is implicit in the job. So any magistrate, who is not performing efficiently and effectively, regardless of the remuneration, should be sent ( out).
“There is no excuse for corruption. After all, you knew what your salary was going to be before you joined. Except you came in with a preconceived idea that, oh, I’m going there to make money. That is it. So the issue of corruption should also be tackled head on.”
On the issue of judicial officers or civil servants, she noted that in the Magistrate Court law of Lagos State, they are referred to as judicial officers. “In the constitution, they’re referred to as courts of inferior record. They are not referred to as judicial officers administratively. They are civil servants. Their salary is paid on a civil service scale. In the magistrate’s court laws, they refer to only chief magistrates and magistrates. So there is a confusion.’’