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Published byBrook Allison Modified over 9 years ago
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MAGISTRATES COURTS LAW & THE MAGISTRATES’ COURTS (CIVIL PROCEDURE) RULES SOME OF THE SIGNIFICANT PROVISIONS OF THE Bill are as follows: 1. The Magistrates Courts Bill seeks to establish an effective legal framework for the Administration of Magistrates’ Courts. It provides for the appointment of a Court Administrator, who shall be the Chief Administrative Officer of Courts. The Court Administrator shall be responsible for the day to day administration and efficient operation of the magistracy, so as to enable Magistrates’ concentrate on purely judicial functions.
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2.The Bill also makes provisions for an efficient system of recording Court proceedings by providing for the appointment of Court recorders who shall make verbatim records of Court trials, proceedings and other matters and provide written transcripts of proceedings to persons who need them within 72 hours of the proceedings.
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3.In line with the State Government’s resolve to provide an efficient Justice sector, the Bill further provides for the appointment of assessors reporting to the Judicial Service Commission whose duties shall be to assess and evaluate the nature and number of cases being heard or pending before t Magistrates with a view to planning case flow management systems and to appraise performance of Magistrates.
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4.The Bill abolishes the various cadres of Magistrates. All Magistrates in the State have been given equal jurisdiction in civil and concurrent powers to try offences.
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5.The bill further makes provisions for speedy trials by putting in place the following measures: I.Magistrates may not adjourn proceedings when hearing commences and for a period exceeding 10 days. II.Magistrates may not grant more than 2 adjournments for uncontested cases and not more than 4 adjournments for contested cases. III.Magistrates must endeavor to conclude all Criminal matters within ninety (90) days from the date of arraignment of the defendant. IV.Provisions are made for the opening of at least one Court in every magisterial district on Saturdays for the hearing of matters relating to remand and custodial dispositions.
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6.The Bill provides for a separate budget for the Magistracy to be administered by the State’s Judicial Service Commission.
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7.The proposed Rules are the rules of procedure to be adopted for Civil Proceeding in Magistrates’ Courts in view of the fact that the Magistrates’ Courts Law has been amended with a view to providing an efficient Magistracy and Justice Sector.
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8.The Existing Law and Rules under the 2003 Laws of Lagos State have been repealed in the proposed Bill in view of the numerous reforms. The Magistrates’ Courts Bill and Magistrates’ Courts (Civil Procedure) Rules were approved by the Executive Council on the 6th of October, 2008 and have been sent to the Lagos State House of Assembly for passage into law.
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