The Commission shall hold a statutory meeting at least once a
month. quorum is at least 1/3 members. Decisions and
recommendations are passed by majority votes of members present.
Order 1 ( g)- Commission may appoint 1 or more Committees to
perform functions on its behalf. Full and accurate minutes of
meetings Chairman shall preside Members must disclose any interest
in any contract or transaction proposed or entered into by
Commission. 2
Slide 3
Executive Secretary ( responsible for day to day management and
administration) Staff deployed from the State Civil Service and
those employed by the Commission Other professionals such as
reputable and competent Consultants. Tenure of Executive Secretary
must not exceed 5 years Commission shall determine terms of
service, remuneration, allowances and benefits for staff 3
Slide 4
Commission shall appoint judicial officers having regard to :
1. Competence and experience 2. Equalising gender opportunities 3.
Opportunities for the physically challenged Judicial officers must
have relevant post call experience Must pass through an independent
and objective testing process. 4
Slide 5
Staff may be required to provide information and make
statements or produce any document in relation to their work. All
relevant documents must be made available to the Commission.
Failure to appear before the Commission is considered misconduct
and grounds for disciplinary action. 5
Slide 6
Commission will employ reward for merit and good performance.
Evaluation will be based on information supplied by Court
Performance Assessors and Judicial Inspectors ( amongst others).
6
Slide 7
Commission has the power to conduct investigations and take
disciplinary action against any member of staff. Irrespective of
whether a formal complaint has been made. 7
Slide 8
A person may complain about the ability and behavior of a
judicial service staff. Complaint shall be in writing and identify
the complainant and Judicial Service Staff. Commission shall not
deal with a complaint unless: It may justify the removal of the
judicial service staff. Warrants further examination or may affect
the official duties of the staff 8
Slide 9
A complaint may be made in relation to : competence in
performing duties. A matter that is or has already been the subject
of investigation. A matter that may constitute a criminal offence
Any other matter considered appropriate by the Commission. 9
Slide 10
Commission shall prosecute any person who maliciously makes a
complaint against a judicial service staff knowing the facts are
false. 10
Slide 11
Commission shall conduct preliminary enquiry of a complaint.
Initiate inquiries into the subject matter as it deems fit.
Inquiries as far as practicable are to take place in private The
Commission may then: summarily dismiss the complaint Classify the
complaint as serious which could justify the removal of the staff
from office Classify the case as minor. 11
Slide 12
Commission will dismiss a complaint if in its opinion: It is
not required to deal with Frivolous or vexatious Is trivial There
is an alternative satisfactory method of addressing the complaint
Relates to the exercise of judicial function Person complained
about is no longer a judicial service staff Further consideration
of the matter is unnecessary. 12
Slide 13
Complaint made to the Commission if not dismissed may be
referred: to be dealt with by the Commission To the relevant head
of court or body if it does not warrant an investigation committee
To an investigative committee 13
Slide 14
Incase of alleged misbehavior- Chairman who is or has been a
judge and not more than two persons. Alleged inability to perform
duties- Chairman and two members with relevant qualifications. More
than one investigative committee may be constituted and sit to deal
with different complaints. Investigative commission can deal with
more than one complaint where appropriate. 14
Slide 15
Investigative committee shall examine a complaint and
investigate where necessary Investigations to be held in private (
where practicable). 15
Slide 16
May hold in public or private If in private, Commission may
give directions on who may be present. Person named in complaint
has right to all information in the complaint and the right to
respond to all matters referred to. Judicial service staff may be
represented by a legal practitioner. Counsel assisting the
investigation committee, persons to appear and legal practitioner
representing a person may all call, examine and cross-examine
witnesses. 16
Slide 17
On grounds listed in Order 8 (6) Where compliant has not been
substantiated. 17
Slide 18
Investigation Committee shall submit a report in writing on the
findings of its investigation to the Commission. 18
Slide 19
Commission may: Ask Investigation Commission to undertake
further investigation Provide supplementary report in writing on
issues specified by the Commission. Decide to take no action and
advise the AG accordingly. 19
Slide 20
Investigation Committee may re-classify a compliant before
disposing of it where appropriate. IC shall furnish a written
report to Commission setting out reasons. 20
Slide 21
Commission will investigate and raise a presumption of
perversion of justice where a state judicial official makes an
unauthorised decision knowing it was not authorised. Unauthorised
interference or alteration of any court process is deemed
manipulation of the process. 21
Slide 22
Commission or Investigative Committee is not limited to matters
initially raised in the complaint. In addition to the power to
dismiss a complaint, Commission also has the power to dismiss part
of the complaint. 22
Slide 23
Commission shall cease dealing with complaint where staff
ceases to hold office. Commission may not deal with all the matters
concerning a staff where it is satisfied it has dealt with one or
more of the matters. 23
Slide 24
Commission shall investigate if judicial officer complained
about is mentally unfit to exercise his functions and require the
judicial service staff to undergo medical examination as the
Investigative Committee specifies. Refusal to undergo medical
examination is grounds for dismissal from service. Staff adjudged
physically or mentally unfit unfit to exercise his functions shall
be removed. 24
Slide 25
Investigative Commission may prevent or restrict publication of
evidence given before it. Commission has duty to prosecute any
person who makes such a publication. 25
Slide 26
A judicial service staff discharged for an offence in a court
of law may be dismissed or otherwise punished in accordance with
disciplinary provisions. 26
Slide 27
Judicial staff are expected to : Be of good conduct Upright and
honest Discharge duties with efficiency and diligence. Commission
has the power to relieve any member found guilty of misconduct or
general inefficiency. 27
Slide 28
Willful act or omission or general misconduct to the scandal of
the public e.g, corruption, dishonesty, drunkenness and false
claims. Conviction of a criminal offence (other than a minor
traffic or sanitary offence) Serious financial liability Engaging
in political activities Engaging in trade or business Disobedience
of lawful order Disclosure of official information Being a member
or taking part in any society incompatible with the functions or
dignity of office 28
Slide 29
Cumulative series of acts or omissions or incompetence which
show that the judicial service staff is incompetent or Does not
efficiently discharge the duties of office. 29
Slide 30
Commission has power to dismiss and exercise disciplinary
control over staff. Commission may commence and continue
disciplinary proceedings against judicial staff whether or not.
Criminal proceedings have been commenced in any court of law in
respect of the judicial service staff. Grounds upon which the
criminal charge is based are the same grounds as that for
disciplinary action of the Commission. Commission may still
exercise disciplinary action even where the staff has been
discharged by a court of law. 30
Slide 31
Judicial service staff shall be considered dismissed from
service from the date of having committed the following omissions.
Absenteeism from duty without leave or reason. Evincing an
intention no longer continue in the judicial service. Judicial
service staff charged with a criminal offence may be discharged or
punished by the Commission based on facts on which the charge is
based. 31
Slide 32
Commission shall not entertain an appeal in respect of the
decision of a delegated disciplinary control or authority except
the application for same is brought no more than 4 weeks after the
decision was notified to the judicial service staff. Commission
shall determine the status and treatment of judicial service staff
during the period of appeal. Judicial service staff shall be
immediately reinstated by Commission where his conviction is
dismissed on appeal. 32
Slide 33
Every staff must take an oath of office or oath of secrecy and
uphold the code of judicial conduct. 33
Slide 34
No staff shall do the following without the express permission
of the Commission. 1. Hold any paid or unpaid office in any
political organisation. 2. Run or nominate anyone to run as a
candidate as a member of a local government council, state or
federal legislature 3. Publicly support any party, candidate or
policy 4. Canvass support for political candidates- staff however,
are entitled to vote at an election. 34
Slide 35
Judicial service staff can hold shares in public and private
companies but cannot be directors in private companies. They can be
directors of public companies where nominated by the State
Government. Staff shall disclose ( when required by a member of
Commission to do so) with 72 hours in confidence, full information
about private investments whether held by him, immediate family, in
his own name or otherwise. 35
Slide 36
Where a member of staff has been asked to divest his interest
in investments that will likely lead to public scandal or an abuse
of office and he fails to do so within 6 months, it shall be
reported to Commission for action. No judicial staff shall seek the
influence of any person in ensuring due consideration of his claims
in connection with discipline or appointment, transfer o promotion.
No judicial staff shall undertake a private agency to exercise his
duties. 36
Slide 37
1. Dismissal 2. Termination of appointment 3. Discharge on
grounds of general unsuitability for further employment in the case
of a person holding a non- established and non-pensionable office.
37
Slide 38
Postings- may be based on request of station head or need
analysis. Executive secretary shall prepare an estimate of the
Commissions income and expenditure for the succeeding year and
submit it to the Governor through the A. G for approval. The
Commission shall prepare and submit an annual report to the State
Executive Council through the Attorney General. 38
Slide 39
Limitation of Suits against Commission- suits for any act done
by the Commission must be instituted with 12 months after the act,
neglect or default complained of has occurred. In the case of
continuous injury, within 12 months after the act ceased. 39
Slide 40
Pre-action notice- a months written notice must be served on
the Commission by the intending claimant or agent. The notice shall
state the following: Cause of action Particulars of claim Name and
place of abode of intending claimant Relief claimed. Mode of
service on Commission- delivering to the Chairman or Executive
Secretary of the Commission or sending it to the registered post,
addressed to the Executive Secretary. 40
Slide 41
41
Slide 42
42
Slide 43
Minimum of 3 and maximum of 5 members including the president.
43
Slide 44
Renewable term of 5 years. 44
Slide 45
President or member shall be disqualified if Mentally impaired,
unable or unfit to discharge functions Convicted of an offence
involving fraud, dishonesty or moral turpitude For reason of
indisciline or misconduct the Commission determines that he be
removed from office. 45
Slide 46
Three Members form a quorum The opinion of majority of the
members shall be deemed and taken to be the decision of the court.
President shall exercise a casting vote in the event of an equality
of votes 46
Slide 47
The Commission regulates the Terms and conditions of service
Salaries, allowances or fees to be paid Leave and other benefits
47
Slide 48
Matrimonial causes and other matters between persons married
under customary law. Guardianship and custody of children under
customary law. Inheritance upon intestacy and the administration of
intestate estates under customary law- value of property must not
exceed N 5000 Civil causes and matters conferred under any bye-law
passed by a Local Government which does not exceed N5000. 48
Slide 49
Chief Judge can authorise the increase of jurisdiction in civil
or matters to be exercised by any court where commission makes
recommendation in an official gazette. He may also authorise
Customary Court to impose fees in a gazette. He can also revoke any
authority exercised under this section in a the state official
gazette. 49
Slide 50
Customary law which is applicable and is not repugnant to
natural justice, equity and good conscience or incompatible
directly or indirectly with any law in force No party can exclude
he jurisdiction of the court by way of contract. Customary court
can enforce jurisdiction on any law which confers jurisdiction and
all rules and bye laws made by local government council or having
effect as if though made. 50
Slide 51
Other than Land causes place of trial is where the defendant
was at the time the cause of action arose. 51
Slide 52
proceedings should be without due formality and should not be
protracted. 52
Slide 53
The decision shall be reduced to writing on the day that the
proceedings are concluded Court has power to summon witnesses for
the purpose of giving evidence 53
Slide 54
A Person would be held in contempt and guilty of N5,000 or to
imprisonment or other correctional remand for up to 14 days or to
any custodial sentence if he Insults a Customary Court President or
any of its members Intentionally interrupts court proceedings
Commits acts of contempt in the face of the court 54
Slide 55
The rules are set out the Customary Court rules The Chief Judge
may make rules Regulating the practice and procedure in their
original jurisdiction and in respect of appeals For recording of
the proceedings of customary courts Prescribing its powers to issue
process for the institution of causes and matters and to compel
attendance of defendants For the exclusion of the public from a
customary court Regulation of issuance of summons to witnesses
Provisions for executing the orders of the courts and service of
processes Regulating any matter relating to costs of proceedings
Defining the duties of any officer of customary courts Prescribing
powers of customary courts to impose consecutive or concurrent
sentences of imprisonment Generally for the carrying into effects
provisions of this law 55
Slide 56
Order 1 (1) mode of commencement of a matter in the customary
court is by Summons. 56
Slide 57
Section 4 (2) Appointment- any legal practitioner of no less
than 5 years post call experience. 57
Slide 58
Civil Jurisdiction- Section 28 (1) All personal matters arising
from contract or tort where the debt or damage claimed is not more
than N 10,000,000 ( ten million naira). Actions between landlord
and tenant for possession of any land, agricultural, residential or
business premises or house claimed under and agreement or refused
to be delivered up where the annual rental value does not exceed N
10,000,000 ( ten million naira) 58
Slide 59
Appointment of Guardian ad litem and make orders, issues and
directions for their appointment. Grant any action instituted in
the court, injunctions or orders to stay, waste, or alienate or for
the detention and preservation of any property. Handle appeals from
customary court 59
Slide 60
Section 28 (2) Recovery of penalties, charges, rates, taxes,
expenses, cost of enforcement of statutory provisions, contribution
or like demands which may be recoverable by any existing law
provided it does not exceed ten million naira (10,000,000)and it is
not provided that it is recoverable in any other court. 60
Slide 61
Issue processes and give directions for the due enforcement of
regulatory provisions and any other legislation as well as
subsidiary legislation contained in the - Urban and regional
planning development law 2005 - - Lagos State Lotteries law 2004 -
Land Use Charge Law - Any other legislation that may be prescribed
from time to time. 61
Slide 62
Summary trial of offences and on the conviction of any person
accused of any such offence may ( subject to restrictions) impose
the punishment provided by law for that offence. Prison term
imposed in respect of the offence shall not exceed the maximum term
of imprisonment provided by law for the offence. A magistrate shall
not sentence a person to a prison term of more than 14 years.
62
Slide 63
Section 35- where there is proper opportunity, the Magistrate
is to promote reconciliation among persons over whom he has
jurisdiction. 63
Slide 64
Section 47- the proceedings should be held without due
formality and should not be protracted. Section 48- all matters in
the magistrate court should be heard, tried, and disposed of by a
single Magistrate. 64