Following the creation of Kogi State in 1991, there have been dichotomies between the Magistracy and the Area Courts Division of Kogi State judiciary
This dichotomy had raised dust on the requirements in the selections of both Area Courts Division Judges and the Magistrate Courts as is done in other states or other climes.
It is against this background that Hon Benu Solomon, President, Upper Area Court Idah in what he titles “The Unimaginable Dichotomy Between The Magistracy And The Area Courts Division Of The Kogi State”, xrays the implications of such practice and other issues.
Let us read his interesting analysis:
“I am not bereft of the sensitive nature of this topic. I have weighed the pros and cons and I have weighed the possible consequential implications, and I am yet undaunted.
The love to gain cheap popularity absolutely has nothing to do with this write-up.
This article heavily seeks Justice in the mist of untold and unmitigated injustice.
Thus, this article is a collective tears of a people, people trampled upon for years with careless abandon.
The article is also the tears of professionals, the learned lawyers who unfortunately found themselves in the Area courts as judges.
Hence, in this article, for ease of reference, they will be referred to as the unfortunate judges.
It’s no longer news that kogi state was created out of the old Kwara and Benue states.
Upon creation, all magistrates’ courts were manned by lawyers and owing to shortage of manpower, the Area courts were manned my diploma holders.
As time went by, owing to furthers studies embarked upon by staff, lawyers graduated gradually into the Area courts as Judges.
I stand to be corrected that in Benue and Kwara states where our dear state was created from, all legal practitioners upon graduation are appointed as Magistrates/Area court Judges.
This implies that each of this legal professionals can be posted to either magistrates’ or Area courts to administer Justice.
They are all accorded similar recognition and what matters is no longer a question of which of the two courts you manned but your year of call to Nigerian bar.
There is no need I reiterate the fact that in the legal profession every where in the world, seniority really matters and taken very seriously.
This also is taken seriously within the bar and the bench in Nigeria but unfortunately not here in kogi state judiciary.
The rate of the misnomer is not only disheartening but heart-rending.
No matter your year of call in the area court division in Kogi State it does not matter to the management as long as you are a lawyer.
In Area courts, your LLB.BL may only be useful as a pride to your children as you are made to run the same grade level with the diploma holders.
The diploma holders retires in Grade level 14 and an LLB.BL holder are forced to retire on Grade level 14.
In the whole of public service, It’s only in the area court division of the kogi state judiciary that a holder of a degree for any reason is not allowed a promotion to grade level 15.
I have watched with tears as senior lawyer colleagues were pegged on grade level 14 for more than ten years then retired.
Once you found yourself in the Area court division, you are faced with relegation throughout your service year.
To use the right language, I think, it is a curse rather than a blessing to find yourself as a judge of the Area court.
It is so bad that most times diploma holders are appointed as zonal Inspectors of Area courts over LLB.BL holders.
This is on up till today; Where exactly have we gone wrong?
Now, what exactly makes the magistrates’ in kogi state superior to the unfortunate Area courts judges?
Let us have a closer look at the nature of their jobs.
Magistrates’ courts since the inception of this state to date are known for criminal jurisdiction, rent matters and some limited claims when they sit as district courts.
Area courts has jurisdictions on criminal matters, claims of lager sums, matrimonial causes where such marriages are not contracted under the act, land matters for which by section 41 of the Land Use Act of 1978 they have concurrent jurisdiction with the high courts.
Infact, the upper Area courts has unlimited jurisdiction in terms of monetary claim.
The cause list of most Area courts are often congested and they are in the bushes several times in a month on locus inquo.
From these, magistrate courts can not be said to be adjudication over more than twenty percent of the bulk of cases within the state.
The bulk of adjudication lies in the Area courts.
Where then have these unfortunate judges gone wrong?
What in God’s name makes the Area court judges inferior to the magistrate?
The shock of my life came on the retirement ceremony for my Lord, Justice Umaru Eri when a management staff ‘instructed’ the Area court judges to make their seats available for the magistrates without any caution or thought whether or not any of those unfortunate ones may be the magistrates’ senior at the bar.
It’s not just absurd but appalling; I found that nauseating.
As I punch these words off my phone, there is an Area court Judges of twenty two years post call who has some of his mates as high court judges.
In the near time past as an upper area court president, he has a member who is a young magistrate.
Magistrates are on the protocol list of the Governor and during festivities, the magistrate that is not up to five years post call is invited to collect a gift ram, while the over twenty years post call watches as he is not qualified.
Where in God’s name has he gone wrong?
To think that all these are happening in judiciary which ought to be the cradle of Justice make these unbelievable, thought provoking and terribly frustrating.
I think all these injustices have continued unabated because the unfortunate judges think they are helpless and have accepted their being yoked to the diploma holders area court judges.
We appeared to be slaves that are in love with the chain around their necks and legs.
We seem enchanted in the mist of this grave Injustice until the Administration of Criminal Justice Law was domesticated in kogi state in 2017.
When the ACJL 2017 was passed, some stakeholders met with My Lord, Justice Nasir Ajana (of blessed memory) on our status based on the new law and my Lord promised to look into it.
The issue was still on for discussion before his unfortunate demise.
Whether the kogi state ACJL 2017 is read as it is, or one decides it read it upside down, you can never by any oita of imagination think or imagine that there exist any form of dichotomy between Magistrates and legal practitioners appointed as Area court judges.
Whatever is the reason or interpretation conjured in the past to keep lawyers in the Area courts division in penury has been flooded by the presence of the kogi State ACJL 2017.
The slave chains on our necks and legs has been removed by that law and an attempt for it to be returned will be resisted.
Now, let us steal a glance at the provision of this law.
The interpretation clause in part 1 (4) at page 3 of the law defines court to include the high court, magistrates’ court, Area courts and all other courts with criminal jurisdiction established by the law of kogi state House Of Assembly.
A magistrate was defined on page 4 to mean a magistrate appointed in accordance with law of kogi state House Of Assembly and where the context so admits shall include a judge of the Area court who is a legal practitioner.
A magistrates’court on same page 4 was described to mean magistrates’court established under the law of the Kogi State House Of Assembly and where the context so admits shall include all other courts presided over by legal practitioners established by a law of the kogi state House of Assembly and conferred with criminal jurisdiction.
Is there a law of the Kogi state House Of Assembly establishing magistrate courts and Area courts?
The answer to the question is a huge yes.
ACJL is only applicable in any of those courts where such is manned by a legal practitioner.
Such legal practitioner Manning those courts are simply magistrate or an equal.
Have we once imagined why no provision of ACJL 2017 outrightly took away power of summary trial from area courts?
Unlike the old order, Area courts are now manned by legal practitioners as Magistrates.
Today, I congratulate all magistrates’, all area court Judges and all staff of the judiciary because we have a chief Judge that listens and have the desire to do what is right.
We should cast away fear of the unknown, fear of not getting to the higher bench, and strive to do what is right.
This fear alone is what keeps others in suffering and penury.
The scramble to get to the top is the problem and no matter how hard we try, we can only be what God want us to be.
If you are happy that a lawyer called to bar about fifteen years ago who is always in the bushes on locus inquo and sits on matters from 9am to 5pm daily, should not be entitled to the benefits that comes the expected passage of the magistrates’ courts law bill simply because he is in the Area court but expect a three years post call who sit on an average of two/three cases per day to have all such benefits because he is a magistrate, then witch craft is in display.
Finally, speaking on behalf of most of my learned brother’s (lawyers) in the area courts division, we have decided to drop the chains from our necks and legs.
The yoke between us and the Area court judges with diplomas we have decided to drop.
As a sign of our seriousness we will tender a letter between now and the second week of September, 2020 to demand a stop of deductions from out salaries as dues to the association known as IACJA.
We shall before then exercise our constitutional right to freedom of association by registering an association under which platform we shall operate and pay our dues.
Our interests are no longer in March but at variance.
To our diploma holder judges, please don’t get this twisted.
We have nothing against you. If anything, we are praying for you and wish you well.
If circumstance demands, we will lend our voice to your future struggles because you deserve the best too.
I have no doubt a lot of you will be surprised with this having known and worked for the success of my ambition to become IACJA president.
You worked hard together and we sure were coasting home to victory but tonight, I have taken the decision to slaughter that ambition on the alter of a greater struggle for Justice.
To those who may have the ambition to frustrate Justice to lawyers of the Area court division I have this to say; judiciary is the cradle of Justice and if there is no Justice here, then there is no Justice anywhere.
We appeal to you not to think of carrying placards because everyone knows how to carry placards.
You can never stop a Justice which time has come. In the eyes of the victim and the perpetrator, an injustice dished for a long time without a challenge becomes Justice.
To our Honourable Chief Judge, no one has ever had reason to question your uprightness, integrity and love for humanity.
In the whole world, kogi state judiciary is the only place where seniority at the bar no longer exist.
We come to you in prayer to wipe our age long tears.
May this please my Lord”
Hon Benu Solomon
President, upper Area court Idah
