CLASFON calls for elevation of Magistrates to High Courts

LAGOS, Nigeria – Christian Lawyers Fellowship of Nigeria (CLASFON) has called for the elevation of performing Magistrates in Lagos State from the lower bench  to higher bench of High Court, insisting that 40 percent of slots should be reserved for them whenever there are vacancies.

 Prince Okey-Joe Onuakalusi made the call at the inaugural session of the magistrates-lawyers forum on Friday, 12th of November, 2021 at the NBA Secretariat, Ikeja Lagos. He called for improvement on the welfare and working condition of the Magistrates and funding of the Magistrates Court system in the State.

CLASFON called for the establishment of a reward mechanism which rewards excellence and diligence in the unique service provided by the Magistrates.

“ We call for the elevation of Magistrates from the lower Bench to the higher Bench of the High Court of Justice, such that 40 percent slot of every vacancy in the High Court Bench should be reserved for Magistrates that have excelled in the discharge of their duties”, Prince Okey-Joe Onuakalusi said.

He said the Magistrates play a pivotal role in the dispensation of justice in Nigeria, especially in Lagos State, adding that the creation of the Magistrates system has been credited to King Richard I in 12th Century England, with his pre-ordination of Magistrates as the keepers of peace.

He said the system has over the years evolved, morphed and ramified.

“Today, in our jurisdiction, a Magistrate is a judicial officer who hears cases in a lower court and typically deals with more minor and preliminary matters, which could be criminal or civil. In Nigeria, the criminal jurisdiction of a Magistrate Court is a limited jurisdiction to entertain criminal matters.

“Its civil jurisdiction extends over civil wrongs, tenancy and landlord matters, for which the court may grant ancillary orders and handle appeals from customary Courts”, he said.

According to him, while Magistrate Courts have powers to adjudicate on all offenses,  there is however a caveat that a Magistrate in Lagos State cannot sentence a criminal who if convicted would serve more than 14 years imprisonment or death sentence.

“In other words, Magistrate Courts are situated in our communities and interface with the people at the community or grassroots level in the dispensation of justice. This is the more reason Honourable Lord Falconer of Thoroton QC, a former Secretary of State for Constitutional Affairs in the UK, opined that “The Effective administration of Justice is vital to the safety, security and prosperity of our country.

“If people are confident that the judicial system is fair, impartial, and carried out by people from their own community they will be more likely to respect and support those who are responsible for enforcing it. Magistrates are critical to this approach and provide a clear link between the community and the judicial system”, he quoted Falconer of Thoroton QC to have said.

For him, without the Magistrates courts, it would have been quite difficult to dispense justice at the basic level.

“However, despite the highly significant role played by Magistrates in our country, they appear to be the least recognized and appreciated in our judicial system.

“My Lord, Distinguished Ladies and Gentlemen, it is worthy of note that even the Holy Bible has the role of Magistrates enshrined in the book of Ezra 7:25, which says: “You Ezra are to appoint Magistrates and Judges in accordance with the wisdom and instruction of your God which is in your hand, so they may judge all the people”, he said .