1. the commission shall hold a statutory meeting at least once a month. quorum is at least 1/3...

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

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

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

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

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

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

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

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

Commission shall prosecute any person who maliciously makes a complaint against a judicial service staff knowing the facts are false. 10

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

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

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

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

Investigative committee shall examine a complaint and investigate where necessary Investigations to be held in private ( where practicable). 15

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

On grounds listed in Order 8 (6) Where compliant has not been substantiated. 17

Investigation Committee shall submit a report in writing on the findings of its investigation to the Commission. 18

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Every staff must take an oath of office or oath of secrecy and uphold the code of judicial conduct. 33

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

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

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

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

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

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

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

Minimum of 3 and maximum of 5 members including the president. 43

Renewable term of 5 years. 44

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

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

The Commission regulates the Terms and conditions of service Salaries, allowances or fees to be paid Leave and other benefits 47

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

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

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

Other than Land causes place of trial is where the defendant was at the time the cause of action arose. 51

proceedings should be without due formality and should not be protracted. 52

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

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

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

Order 1 (1) mode of commencement of a matter in the customary court is by Summons. 56

Section 4 (2) Appointment- any legal practitioner of no less than 5 years post call experience. 57

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

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

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

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

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

Section 35- where there is proper opportunity, the Magistrate is to promote reconciliation among persons over whom he has jurisdiction. 63

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

1. the commission shall hold a statutory meeting at least once a month. quorum is at least 1/3...

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