Role of Magistrates in Perceptions on Rule of Law and Constitutionalism in Nigeria.

Abstract

INTRODUCTION

The Common Law Court System was introduced into Nigeria through the Magistracy there about mid nineteenth century.¹ It heralded the subsequent introduction of the higher level courts like the Supreme Court and the High Courts. Surprisingly, however, the Constitution of Nigeria does not include the Magistrates' in the definition of judicial officers. However, statutorily, Magistrates by virtue of appointment and functions are judicial officers and staff of the judiciary irrespective of not being mentioned in the Constitution² Moreover, the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria include in the definition of judicial officer “the holder of a similar office in any inferior court whatsoever” which by any interpretation embraces magistrates.

It is asserted that, apart from the Area and Customary Courts, the magistrates cadre handle about 70% of the cases that are handled by the judiciary.

This means in effect that the magistrates are the Courts that are closest to the ordinary citizen. The attraction of the Magistrates' Courts is that they are small claims courts that have jurisdiction which are geographic and personal through which its powers can be extended beyond normal statutory jurisdictions of the magistrates.³