As part of efforts to fast track justice delivery in commercial disputes in Lagos, the State Chief Judge, Justice Opeyemi Oke, on Monday inaugurated the Small Claims Courts.
The inauguration took place at the J. I.C Taylor Magistrate Court House, Igbosere, Lagos. The News Agency of Nigeria reports that the Small Claims Courts would operate at the magisterial level and will adjudicate on claims not exceeding N5 million.
NAN learnt that the Chief Judge has assigned 15 Magistrates’ Courts to handle matters involving Small Claims within the five judicial divisions in the state.
Oke, in her speech, said that the establishment of the courts was one of the reforms she promised to carry out in her 2017 inaugural address to move the Lagos Judiciary forward.
She said that coincidentally, the Presidential Enabling Business Environment Council, a World Bank initiative under the office of Vice-President Yemi Osinbajo, had introduced specialised small claims commercial courts as part of its reforms.
She said: “For this purpose, two states were chosen as pilot states – Lagos and Kano.’’
The Chief Judge said in January, she set up a five-member Small Claims Court Committee comprising a Judge of the High Court, Justice Yetunde Adesanya, as Chairman and four Magistrates.
The committee was required to draft a Small Claims Court procedures and guidelines and make recommendations for matters incidental to the workings of the Small Claims Courts within the Magistrates Courts’ system.
Oke said she was elated that through the efforts of the committee, the Lagos State Judiciary now has a Magistrates’ Court Law (Practice Directions on Small Claims) for the operation of the Small Claims Court.
Oke said: “The objective of the Small Claims Court’s Procedure is to provide easy access to an informal, inexpensive and speedy resolution of simple debt recovery disputes in the Magistrates’ Courts, of claims, not exceeding N5 million.
“The Small Claims Court’s Procedure is simplified, in that every step has been reduced into standard forms, which the claimant or defendant/counter claimant as the case may be simply fill and file a Letter of Demand, Complaint Form, Claim’s Form or Summons, among others.
“There is a handbook or guide, which explains each step of the process, guides through the filling of the forms and provide answers to almost every conceivable question that a party who is desirous of using the process may have.
“There is a plan to have the handbook printed in other languages, including Yoruba, Hausa, Ibo and Pidgin English, to encourage the use of the procedure and self-representation by semi illiterates and illiterates.
“The procedure is inexpensive, in that it encourages self-representation by parties. It also encourages amicable settlement of the disputes.
“The procedure is fast and efficient; every step is time-bound with sanctions for default.
“The entire hearing period from the first date of hearing, inclusive of the time allowed for exploring amicable, settlements must not exceed 30 days.
“The entire period of proceedings from filing till judgment is not to exceed 60 days.’’
Adeniji Kazeem, the Attorney-General of Lagos, in his speech said that the establishment of the courts would complement the efforts of Governor Akinwunmi Ambode’s administration which is geared towards enhancing justice delivery in the state.
The Attorney-General said that efficient courts are features of developed
countries like Britain, Russia, America, Japan, among others.
Kazeem commended the efforts of the Chief Judge in boosting the rating of the country as the eight among 10 most improved countries by the World Bank.
He also praised Oke for her foresight in the establishment of the Small Claims Court which he described as “a worthy legacy and succour to the legal and business community.’’
Dr Jumoke Oduwole, Senior Special Assistant to the President on Industry and Investment, commended Lagos Judiciary for being the first judiciary to break the World Bank deadline of April 30.
Oduwole, however, called for the training of magistrates that would adjudicate on matters involving small claims to ensure fast and efficient justice delivery.
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