Taraba JSC To Establish Small Claims Court
From Godwin Agia, Jalingo
Taraba State Judicial Service Commission on Saturday commenced the process to establish small claims court in the state.
Hon. Justice Joel Agya, the State Chief Judge noted during the training workshop for magistrates, Registrars and court Clerks in Jalingo that the aim of establishing Small claims courts is to make civil justice accessible to the poor.
According to the CJ, the small claims court is limited to claims involving liquidated money demand and does not cover tort, tenancy or other commercial disputes.
Justice Agya also explained that the idea to establish the court in Taraba State is to also provide access to an informal, inexpensive and speedy resolution of simple debt recovery disputes not exceeding N 3,000.000:00 (Three Million Naira).
He explained that under such a system, litigants do not need to hire a lawyer to approach the small claims court as they are allowed to represent themselves.
“As micro, small and medium scale enterprises (MSMES) evolve, the need to establish the small claims court in Taraba State cannot be over emphasized. The concept of the small claims court is rooted in access to justice. American legal scholar, Roscoe Pound, is credited with the statement.
“It is a denial of justice in small causes to drive litigants to employ lawyers, and its is a shame to drive them to legal aid societies to get as a charity what the state should give as a right”.
“Small claims courts are, therefore, set up primarily in order to make civil justice accessible to the poor. Businesses in the informal economy are exposed to harsh operating conditions, including high cost of doing business, lack of access to power supply or supply inadequacy, multiplicity of taxes, regulatory dysfunction, lack of access to affordable financing, lengthy legal processes and inefficient dispute resolution.
“Different initiatives have been introduced by the federal Government to address some of these challenges. One of such is the presidential Enabling. Business Environment Council (PEBEC) which aims to address systemic business bottlenecks and improve Nigeria’s ranking on the Ease of Doing Business Index. As part of its reforms, the Council introduced the specialized small claims commercial courts. Lagos and Kano States were chosen to pilot the initiative. Today states like Bayelsa, Borno, Cross Rivers, Edo, Ekiti, Enugu, Gombe, Jigawa, Ogun, Nasarawa, Rivers and FCT have established small claims court.
“The small claims court is however, limited to claims involving liquidated money demand and does not cover tort, tenancy or other commercial dispute.
“The process of commencing the debt recovery litigation is simple. It is by filling and filing the requisite forms which can be done without engaging the service of a legal practitioner.
“The small claims court is however, limited to claims involving liquidated money demand and does not cover tort, tenancy or other commercial dispute. One cannot therefore sue for rent or possession or for pain or suffering or to enforce a promise. Judgments are expected to be delivered within 60 days for all claims filed in a small claims court”, the chief judge explained.
Justice Agya described the training workshop as a mark of significant milestone in the Taraba State judiciary as it will equip the Magistrates and other Court officials with the requisite knowledge of the administration of justice in the small claims courts for the benefit of the business community and the state at large.
Earlier, Dr. Agbu Kefas, Taraba State Governor pledged the state government’s commitment to ensure accessibility, efficiency and equity of Justice.
Governor Kefas who was represented by the State Commissioner of Justice, Barrister Yakubu Maikasuwa (SAN), who declared the occasion open, explained that the launching of the Small Claims Court symbolized the unveiling of documents that contains the procedures of practice of Small Claims Court in Taraba, and marks a significant milestone in the state’s efforts to improve access to justice for all.
