CUSTOMARY COURTS LAW OF LAGOS STATE
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CUSTOMARY COURTS LAW
ARRANGEMENT OF SECTIONS
1. Establishment of Customary Courts
2. Composition of Customary Courts
3. Appointment of members, etc
4. Seal of the Customary Court
5. Qualifications of members
6. Tenure of office of members
7. Disqualification and removal of members
8. Quorum and voting
9. Conditions of service of members
10. Powers of members
11. Remuneration and allowances of members
12. Decorum, dress, etc.
13. Oath of members
14. Presiding in Customary Courts
15. Sessions of Customary Courts
16. Court open throughout the year: times of sitting
17. Protection of members of the Court
18. Appointment and control of Court Clerks and other officers
19. Court Clerks
20. Bailiffs and messengers
21. General jurisdiction
22. Civil jurisdiction
23. Power to increase jurisdiction
24. Oath requirement
25. Applicable Law
26. Appropriate Customary Law
27. Place of trial
28. Guardianship of children
29. Practice and Procedure
30. Representation before a Customary Court
31. Open Court
32. Decision to be in writing
33. Power to summon witnesses
34. Execution of judgments
35. Execution of orders of other Courts
36. Power to grant injunction or impound property
37. Transfer of causes or matters
38. Right of appeal to Magistrates’ Court
39. Inspection
40. Supervision and control of Customary Courts
41. Contempt
42. Obstruction of justice
43. Adjudication without authority
44. Prohibition of fines in excess of those authorised
45. Rendering false returns
46. Falsification of the record of proceedings
47. Rules of Court
48. Transitional provisions
49. Abolition of cadres of Customary
50. Repeal
51. Interpretation
52. Citation and commencement
CUSTOMARY COURTS LAW
A LAW TO PROVIDE FOR THE ESTABLISHMENT OF CUSTOMARY COURTS, ADMINISTRATION OF JUSTICE UNDER CUSTOMARY LAW AND FOR CONNECTED PURPOSES
[Commencement] [1st August 2011]
THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:
1. Establishment of Customary Courts
The Lagos State Judicial service Commission (referred to in this Law as “the Commission”) shall establish Customary Courts acting on the recommendation of the Attorney-General, subject to the approval of the Governor.
2. Composition of Customary Courts
(1) The Composition may on the recommendation of the Attorney-General, at any time vary the number of Customary Courts by a notification in the State Official Gazette from time to time.
(2) A Customary Court is properly constituted with a minimum of three (3) members and a maximum of five (5) members, ne of whom shall be the President.
3. Appointment of members, etc.
The Commission shall have power to –
(a) appoint as many members to the Customary Courts as may be required from time to time, by legal notice in the Lagos State official Gazette; and
(b) dismiss or exercise disciplinary control over such members.
4. Seal of the Customary Courts
(1) A Customary Court shall have and may use an official sea; bearing the device and impression approved by the Commission with the inscription “The Customary Court of Lagos State”.
(2) The seal shall be kept by the President within the Court and he may entrust the seal or its copy to such officers of the Court as he thinks fit.
(3) The seal referred to in this section shall be the seal of the Customary Court for all purposes for which it may be required under the provisions of this or any other law.
5. Qualifications of members
A person shall be qualified to hold office as President or member of a Customary Court if he is-
(a) a person of proven character and good standing in the society;
(b) a person of adequate means;
(c) properly placed by his circumstances to perform the functions as a member of the Customary Court;
(d) a person with educational qualification not below school certificate; and
(e) has attained the age of fifty (50) years.
6. Tenure of office of members
The office of a member of the Customary Court shall be by appointment for a renewable term of five (5 years and shall not be pensionable.
7. Disqualification/removal of members
(1) A person shall be disqualified from holding office as President or member of a Customary Court, if-
(a) in the opinion of the Commission, he is mentally impaired or otherwise unable or unfit to discharge the functions of a president or member of the Court;
(b) he has been convicted of an offence which involves fraud, dishonesty or moral turpitude; and
(c) for reason of indiscipline and misconduct, the Commission determines that a president or member be removed from office.
(2) The dismissal of a president or a member shall be published in the State’s Official Gazette.
8. Quorum and voting
(1) For the purpose of hearing any case in a Customary Court, three (3) members shall form a quorum.
(2) In all causes before a Customary Court, the opinion of the majority of the members hearing the cause shall, in the event of the members disagreeing, be deemed and taken to be the decision of the Court.
(3) In the event of an equality of votes, the President shall exercise a casting vote.
9. Conditions of service of members
The Commission may by regulations make provisions for the-
(a) terms and conditions of service;
(b) salaries, allowances or fees to be paid, if any; and
(c) leave and other benefits, of members of Customary Courts.
10. Powers of members
Each member of the court shall have equal power, authority and jurisdiction as conferred on him by his appointment and subject to any special provision under this Law.
11. Remuneration and allowances of members
(1) All local government councils shall fund the payment of the salaries, allowances and remuneration of customary courts and their members, and defray expenditure necessary to provide for the other benefits and facilities which shall be a charge on the revenue due to the local government councils in any appropriate year.
(2) The State Government shall make contribution to the upkeep and maintenance of the Customary Courts where necessary.
12. Decorum, dress, etc.
(1) Notwithstanding any Law or custom to the contrary, the members of the Customary Courts of the state shall be addressed as “Your Worship”.
(2) Members when in Court shall be dressed in a dignified manner.
(3) The commission shall be responsible for ensuring good conduct and discipline of Customary Court members.
13. Oath of members
On appointment to the Customary Court, a member shall take an oath of affirmation which shall be administered by the Chief Judge, before proceeding to discharge the duties of his office.
14. Presiding in Customary Courts
(1) Any person appointed a Justice of the Peace shall qualify to be President of the Customary Court.
(2) Where the President is absent at the commencement of the hearing of a case or matter, the members of the Court shall select one of themselves to preside over the hearing of the cause or matter.
15. Sessions of Customary Courts
The Commission may direct that the Court shall hold sessions at a designated building and such session be held at such time as it deems fit.
16. Court opens throughout the year: times of sitting
The Court shall be open throughout the year except on Sundays and public holidays for the transaction of legal business, and shall sit at such times as may, subject to any direction of the Commission, be determined by the members.
17. Protection of members of the Court
(1) No member of a Customary Court shall be liable for any act done by him or ordered by him to be done in the discharge of his judicial duty, whether or not within the limits of his jurisdiction, provided that in good faith, he believed himself to have jurisdiction to do or order to be done the act in question at the time.
(2) No person required or bound to. execute any order issued by a Customary Court shall be liable in any action for damages in respect of the execution of such order, solely on the ground that the member was not acting within the limits of his jurisdiction in doing so.
18. Appointment and control of Court Clerks and other officers
There may be appointed from time to time, Court Clerks, interpreters and other officers as the Commission deems necessary, who shall be subject to the general supervision and control of the Commission for the purpose of the general support of the functions of members of the Customary Courts.
19. Court Clerks.
(1) A Court Clerk shall be attached to each Customary Court and shall perform such duties in the execution of powers and authorities of the court as may be assigned to him by rules of Court or by any special order of the Court. In particular he shall –
(a) prepare for issue, all writs and process of Court;
(b) register all orders and judgments of the Court; and
(c) enter an account of all monies received by or paid to the Court.
(2) A Clerk may’ with the consent of the President of the Customary Court, delegate any of the duties assigned to him to any other officer or servant of the Court, and in every such case such officer or servant of the Court, and in every such case such officer or servant shall be governed with respect to his duties by the Orders and direction]s of the Clerk and the Court.
20. Bailiffs and messengers
(1) The Commission may appoint such number of fit and proper persons to be bailiffs and messengers of a Customary Court as the business of the Court shall require.
(2) It shall be the duty of any person appointed under the provisions of subsection (1) of this section to –
(a) effect the service and execution of all writs and other process
(b) make all necessary returns in relation to such writs and other process;
(c) carry out such other duties as may be prescribed by rules made under this Law; and
(d) attend the Court and obey all its lawful directions at all times when he is not engaged in duties which necessitate his absence from the Court.
(3) No person other than a duly appointed bailiff or messenger shall carry out or purport or attempt to carry out any of the duties in subsection (2) of this section.
21. General Jurisdiction
(1) Customary Courts shall exercise the jurisdiction conferred on them by or under this Law.
(2) Subject to the provisions of this Law, a Court shall have jurisdiction over all persons within the State.
22. Civil jurisdiction
(1) The jurisdiction and power of a Court in civil causes and matters shall be as set out in Part 1 of the First Schedule to this Law.
(2) In civil cases a court shall, so far as there is proper opportunity, promote reconciliation among persons over whom the court has jurisdiction, encourage and facilitate the settlement of matters and differences between parties in an amicable manner.
(3) The Commission may designate a Court to adjudicate on Islamic law and matters in relation to marriage, divorce, custody and inheritance as it deems fit.
23. Power to increase jurisdiction
(1) The Chief Judge may by notice in the State Official Gazette authorise the increase in jurisdiction in civil causes or matters to be exercised by any Court to such an extent as the Commission may specify when making such recommendation.
(2) The Chief Judge may by notice in the State Official Gazette authorise any Customary Court to impose fees exceeding that prescribed under this Law to such extent as the Commission may specify when making such recommendation.
(3) An authority given under this section may at any time be revoked by the Chief Judge by notice in the State Official Gazette.
24. Oath requirement
Any oath that is required to be sworn shall be so sworn before a Commissioner for oath, if any, in the Customary Court where there is a Commissioner for Oath or before a Magistrate court in the State and may be used in proceedings in the Customary Court.
25. Applicable law
(1) A customary court shall observe and enforce every customary Law, which is applicable and is not repugnant to natural justice, equity and good conscience or incompatible either directly or by implication with any law for the time being in force, and nothing in this Law shall deprive any person of the benefit of customary Law.
(2) No party shall be entitled to claim the benefit of any customary Law, if it shall appear either from express contract or from the nature of the transactions out of which any suit or question may have arisen that such party agreed that his obligations in connection with such transactions should be exclusively regulated otherwise than by Customary Law or that such transactions are transactions unknown to customary Law.
(3) A Customary Court shall administer the provisions of –
(a) any Law in respect of which jurisdiction is conferred on the Court by that law; and
(b) all rules and bye-laws made by a local government council, or having effect as if so made, under the provisions of any Law in force in the area of jurisdiction of the Court.
(4) A copy of the bye-law published in the State Official Gazette on which the of matter before the Customary court is based shall be produced in court.
26. Appropriate Customary Law
(1) In causes and matters arising from inheritance the appropriate customary shall, subject to subsection (3) of this section, be the customary Law applying to the deceased.
(2) Subject to the provisions of subsection (1) of this section –
(a) in civil causes or matters where –
(i) both parties are not from the area of jurisdiction of the court; or
(ii) the transaction which is the subject of the cause or matter was not entered into in the area of the jurisdiction of the Court; or
(iii) one of the parties is not from the area of jurisdiction of the Court and the parties agreed or may be presumed to have agreed that their obligations should be regulated, wholly or partly, by the Customary Law applicable to the parties;
the appropriate customary Law sha, be the Customary Law binding between the parties.
(b) in all other civil causes and matters the appropriate Customary Laws shall be the Law of the area of jurisdiction of the Court.
(3) where the customary Law applicable to land prohibits, restricts or regulates the devolution on death to any particular class of persons, of the right to occupy such land, it shall not operate to deprive any person of any beneficial interest in such land (other than right to occupy the same) or in the proceeds of sale of the land to which he may be entitled under the rules of inheritance of any other Customary Law.
(4) Evidence of Customary Law shall be adduced in a Customary court in all such cases as may be provided in the rules made under section 47 of this Law.
27. Place of trial
Matters other than land causes shall be tried and determined by a Customary Court having jurisdiction over the area in which the defendant was at the time the cause of action arose.
28. Guardianship of children
(1) In any matter relating to the guardianship and custody of children, the interest and welfare of the child (children) shall be of paramount consideration.
(2) Wherever it appears to a Court that an order made by such Court should be reviewed in the interest of a child (children), the Court may, of its own motion or on the application of any of the child’s (children’s) relatives or guardian, vary or discharge such order.
29. Practice and procedure
(1) In any proceedings before it, the Customary Court shall proceed without undue formality and shall ensure that the proceedings are not protracted.
(2) Subject to the provisions of this Law and any other relevant law, the practice and procedure of the Court shall be regulated by Rules of Court made under section 47 of this Law.
30. Representation before a Customary Court
(1) In any cause brought by or against a local council, the council may be represented before a Customary Court at any stage of the proceedings by an employee of the Council who satisfies the Court that he has the authority of the Council to do so.
(2) A Customary Court may permit-
(a) the husband, wife, guardian, servant, employer or member of the household of any party, who shall give satisfactory proof that he has authority in that behalf; or
(b) a relative of a person administering an estate subject to the jurisdiction of the Court;
to appear for any party in any cause or matter before the Customary Court.
31. Open Court
(1) The room or place in which a Court shall sit to hear and determine any cause or matter shall be an open and public Court to which members of the public shall have a right of access.
(2) Provision may be made by rules under section 47 of this Law in appropriate cases for the exclusion of the public from any proceedings.
32. Decision to be in writing
The decision of the Court shall be reduced to writing on the day that proceedings are concluded.
33 Power to summon witnesses
Subject to the provisions of any rules made under section 47 every Court shall have power to summon before it for the purposes of giving evidence, any person within the area of the jurisdiction of the Court and any person outside such area but within the State.
34. Execution of judgments
Subject to the provisions of any rules made under section 47, any judgment or order given or made by the Court may be enforced by seizure and sale of the property of the person against whom judgment is made, or by such other methods of enforcing judgments and orders as may be prescribed by such rules.
35 Execution of orders of other courts
The Courts shall carry into execution any order of-
(a) the Supreme Court;
(b) the Court of Appeal;
(c) the High Court;
(d) a Magistrates’ Court; and
(e) any Court established or deemed to have been so established under this Law;
(f) any Court of any other part of the Federation of Nigeria; which may be lawfully directed to them, and shall serve all processes;
provided that paragraph (f) of this section shall apply only where the Customary Courts of the other part of the Federation concerned have power under any Law in force there, to carry into execution the decrees or orders and to serve all the processes of the Customary Courts of Lagos State which may lawfully be directed to them, and render such assistance as may be required.
36. Power to grant injunction or impound property
In any cause before a Customary Court that is, pending final determination, it shall be shown to the satisfaction of the Customary Court that any property which is in dispute in the cause is in danger of being wasted, damaged, alienated or otherwise injuriously dealt with by any party to the cause, the Customary Court may issue an injunction to such party ordering him to refrain from doing the particular act complained of or, alternatively, may take and keep such property in custody pending the determination of such cause.
37. Transfer of causes or matters
The Chief Judge may transfer any cause or matter before a Customary Court to another Customary Court or a Magistrates’ Court or to a High Court by means of an Order given under his hand at the instance of the said Customary Court or on the advice of a Customary Court Inspector or on the application of any party to the cause or matter.
38. Right of appeal to Magistrates’ Court
(1) Any party aggrieved by a decision or order of a Customary Court to having jurisdiction in that area may, within thirty (30) days of the date of the order or decision, appeal to a Magistrates’ Court.
(2) Such Magistrate before whom such an appeal is brought may as often as he deems necessary in the interest of justice, enlarge the time prescribed under the foregoing subsection upon such terms and conditions as may be appropriate.
(3) The practice and procedure of a Magistrates’ Court on appeal shall be in accordance with the rules which may be drawn up from time to time by the Chief Judge of the State and until such rules are made under this section, the High Court of Lagos State (Appeal) Rules shall apply in respect of the practice and procedure of the Magistrates’ Court, on appeal from decisions of Customary Courts as they apply to the High Court in its appellate jurisdiction with such modifications whether by way of additions, alterations or omissions as may be applicable from time to time.
39. Inspection
In any cause or matter, it shall be lawful for a Customary Court, on the application of either party or on its own motion to-
(a) make such order as the Court may deem fit for the inspection by the Court, the parties or any witness, of any movable or immovable property, the inspection of which may be material to the proper determination of the question in dispute; and
(b) give such direction as the Court may deemfit regarding such inspection.
40. Supervision and control of Customary Courts
(1) Customary Courts shall be under the general supervision and control of the Commission-
(2) The Commission shall appoint such number of Customary Court Inspectors as may be required, provided that there shall be no less than five (5) Customary Court Inspectors in the State who shall be legal practitioners of not less than seven (7) years’ post-call experience, or retired magistrates.
(3) A Customary Court Inspector shall be empowered to supervise administrative functions in the Customary Court in the area of his jurisdiction as the Commission may from time to time direct and he shall at all times have access to the Customary Courts as well as the records and proceedings of such Courts.
41. Contempt
(1) Any person who-
(a) insults a Customary Court President or any of its members during a sitting;
(b) intentionally interrupts the proceedings of a Customary Court at any stage; or
(c) commits other acts of contempt in the face of the Court;
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Five Thousand Naira (N5,000.00) or to imprisonment or other correctional remand for up to fourteen (14) days or to any non-custodial sentence.
(2) Any Customary Court subject to the powers conferred on it by subsection (1) of this section may order-
(a) any person to be detained in pnson custody or in a rehabilitation or correction centre;
(b) that any fine which it may impose shall be paid at such time or times as it may think just and in default payment;
(c) that the amount of the fine levied be recovered by the sale of any property which belongs to the person fined and which is situated within the area of jurisdiction of the Court;
(d) that a sentence of imprisonment passed on a person in default of a fine shall not exceed in the aggregate the maximum sentence of imprisonment which the Court is empowered to impose;
(e) that all fines and fees received in pursuant to contempt proceedings shall be paid into the Local Government Treasury.
(3) Any person who without reasonable excuse, fails to obey any valid summons issued under the provisions of section 33 of this Law may be arrested and brought before such other Court as may have jurisdiction over such person, and shall be liable to a fine not exceeding Five Thousand Naira (N5,000.00) or to imprisonment or other correctional remand for up to fourteen (14) days or any non-custodial sentence.
42. Obstruction of justice
Any person including members and officials of the Court who does any act-
(a) with intent to defeat, obstruct or prevent the course of justice in any cause or matter before a Customary Court; or
(b) causes any person to delay giving or to refrain from giving evidence before that Court; or
(c) otherwise prevents any person from givmg evidence shall be guilty of an offence and shall be liable on conviction by a Magistrates’ Court to a fine of One Hundred Thousand Naira (N l 00,000.00) or to imprisonment or other correctional remand for up to twelve (12) months or to any non-custodial sentence.
43. Adjudication without authority
Any person who-
(a) exercises or attempts to exercise judicial powers within the area of jurisdiction of a duly constituted Customary Court, except in accordance with the provisions of any law; or
(b) sits as a member of such Court without due authority, shall be liable on conviction before the High Court or a Magistrate Court to a fine not exceeding Two Hundred Thousand Naira (N200,000.00) or to imprisonment or other correctional remand for eighteen ( 18) months or to both such fine and remand or imprisonment.
44. Prohibition of fines in excess of those authorised
(1) No fees or fines in excess of those authorised by or under this Law or any fees under other Laws shall be demanded or exacted from any person in respect of any cause or matter triable in a Court.
(2) Any member, officer or servant of a Customary Court who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction before a Magistrate Court to a fine not exceeding One Hundred Thousand Naira (N 100,000.00) or to imprisonment or other correctional remand for up to six (6) months or any non-custodial sentence.
(3) The Customary Court may order any amount exacted in excess to be refunded to the person who made the payment.
(4) If default shall be made by any person against whom an order to refund has been made under subsection (3) of this section, the amount ordered to be refunded may be levied by distress and, in default of sufficient distress, the person defaulting may be committed to prison by a Magistrates’ Court for any term not exceeding three (3) months in addition to any sentence imposed under the provisions of subsection (2) of this Section.
45. Rendering false returns
Any Clerk or member of a Customary Court who shall knowingly render false returns of the cases tried or the penalties imposed by such a Court shall be guilty of an offence and shall be liable on conviction before a Magistrates’ Court to a fine of Fifty Thousand Naira (NS0,000.00) or to imprisonment or other correctional remand for up to six (6) months, or to any non-custodial sentence.
46. Falsification of the record of proceedings
Any person being charged with the duty of recording the proceedings of a Customary Court in accordance with this Law or rules made under section 47 of this law who knowingly makes a false record of the proceedings of the Court shall be guilty of an offence and shall be liable on conviction by a Magistrate Court to a fine of Fifty Thousand Naira (NS0,000.00) or to imprisonment or other correctional remand for up to six (6) months, or to any non-custodial sentence.
47. Rules of Court
(1) The rules applicable to the Customary Courts are as set out in Customary Courts Rules and any other relevant rules as may be prescribed from time to time.
(2) Subject to the provisions of this Law, the Chief Judge may make rules-
(a) regulating the practice and procedure of Customary Courts m their original jurisdiction and in respect of appeal;
(b) for the recording of the proceedings of Customary Courts;
(c) prescribing the powers of Customary Courts to issue process for the institution of causes and matters and to compel the attendance of defendants before the Court;
(d) for the exclusion of the public from a Customary Court; (e) regulating the issuance of summons to witnesses;
(f) providing for-
(i) the carrying into execution the orders of Customary Courts, whether such Customary Courts are established under this Law or under any other written Law; and
(ii) the service of the process of such Courts or class of Courts, where such orders are made or such processes are issued in respect of persons or property not within the area of jurisdiction of the Customary Court making or issuing the same;
(g) prescribing the Courts or authority by which the orders, or process mentioned in subparagraph (ii) of paragraph (f) shall be carried into execution or served;
(h) regulating any matter relating to the costs of proceedings in Customary Courts;
(i) prescribing and providing for the maximum fees which may be charged-
(a) in Customary Courts; and
(b) for appeals from such Customary Courts.
(j) the reduction of such maximum fees in respect of all or any Customary Court proceedings;
(k) the application of such maximum or reduced fees to such Customary Courts or proceedings and the manner in which, and the persons by whom such reduction and application may be made;
(l) the remission in whole or part of any maximum or reduced fee and the manner in which and the persons by whom, or Customary Courts by which such remission may be made;
(m) defining the duties of any officer of Customary Courts;
(n) on the time within which any act, matter or thing shall be carried out or performed for the purposes of this Law;
(o) prescribing the powers of Customary Courts to impose consecutive or concurrent sentences of imprisonment; and
(p) generally for the carrying into effect the provisions of this Law.
(2) Any rule made under this section may apply to all Customary Courts or a particular Customary Court as may be determined under the rules.
48. Transitional provisions
Subject to the provisions of this Law, the Chief Judge may, by order, make such provisions as he deems fit with respect to causes and matters which originated m any Customary Court before the commencement of this Law.
49. Abolition of cadres of Customary Courts
(1) There shall be only one cadre of Customary Court within the State.
(2) All cadre and grades of Customary Courts existing prior to this Law shall no longer apply.
50. Repeal
The Customary Courts Law and Customary Courts Rules, Cap. C19, Laws of Lagos State 2004 are repealed.
51. Interpretation
In this Law unless the context otherwise requires:
“Attorney-General” means the Attorney-General of Lagos State;
“cause” includes any action, suit or other original proceedings between a claimant and a defendant;
“Chief Judge” means the Chief Judge of Lagos State;
“Chief Registrar” means the Chief Registrar of the High Court of Lagos State;
“council” means a local government council established by Law in Lagos State;
“Customary Court” means a Court established or deemed to have been so established under this Law;
“Customary Law” includes Native Law and Custom and Islamic Law and Custom;
“matter” includes any proceedings in a Customary Court not in a cause;
“member” in relation to Customary Court includes the President;
“native” in relation to the area of jurisdiction of a Customary Court means a person who is a member of a Community indigenous to that area;
“State” means Lagos State of Nigeria; and
“The Commission” means the Judicial Service Commission for Lagos State.
52. Citation and commencement
This Law may be cited as the Customary Court Law, and shall come into force on the day of 2011.
CUSTOMARY COURTS RULES
PURSUANT TO SECTION 47 OF THE CUSTOMARY COURTS LAW
ORDER 1 – INSTITUTION OF CAUSES AND MATTERS
1. Mode of commencement
(1) Every cause or matter shall be commenced by summons.
(2) A cause or matter shall be instituted in a Court that has jurisdiction to entertain the particular cause or matter.
2. Application for summons
(1) Applications for summons may be made orally or in writing.
(2) If an application for summons is made in person, the clerk shall record all the particulars of the claim which are necessary for the completion of the proper summons.
ORDER2 – CONSTITUTION OF THE COURT
3. Quorum
For the purpose of hearing a cause or matter, once a quorum has been formed and the trial of a cause or matter has commenced, no other member of the Court shall sit with those already sitting for the purpose of adjudicating upon the cause or matter.
ORDER3 – ISSUE, SERVICE AND EXECUTION OF SUMMONS
1. Issue of summons
(1) Any fee paid in respect of the issue of any process or other document by the Court shall be entered on the process or other document by the clerk or such other person as may be authorised.
(2) Every process or other document issued by the Court under these rules or any other written Law such as in Form A of the Second Schedule to this Law shall be signed by the president or such other member or officer of the Court as may be authorised.
2. Service and execution of Court process
Any process or other document issued by the Court and requiring service or execution shall be served or executed upon the person to whom reference is made by such officers as are authorised by Law.
3. Modes of service
(1) Service shall be effected by handing the process or other document to the person to whom it is addressed.
(2) Where it appears to a Court, either before or after a previous attempt at service in accordance with paragraph (1) of this rule, that for any reason, personal service of any process or other document cannot be effected conveniently, the Court, after being satisfied by affidavit that it is necessary to do so, may order that service be effected-
(a) by delivery of the process or other document to an agent of the person to be served or to some other person, on its being proved that there is a reasonable probability that the copy of the process or other document would in the ordinary course, through that agent or other person, come to the knowledge of the person to be served;
(b) by advertisement in some newspapers circulating within the Court’s jurisdiction;
(c) by affixing the process or other document at the usual or last known place of abode or business of the person to be served; or
(d) in such other manner as the Court may direct;
and on compliance with such order, such service shall be deemed to be good and sufficient service of the process or other document.
(3) The Court may regard any process or other document as served if it is satisfied that the contents of such process or other document are known to the person served.
4. Proof of service
(1) Subject to the provisions of paragraph (2) of this rule, proof of service shall be by evidence on oath.
(2) In all cases where service of any process or other document has been effected by a bailiff or messenger, a certificate of service signed by the bailiff or messenger shall on production and without proof of signature, be sufficient proof of service, unless the contrary is proved.
ORDER 4 – SERVICE AND EXECUTION OF PROCESS OUT OF WRISDICTION BUT WITHIN THE STATE
Service and execution out of jurisdiction
1. When a Court desires any process or other document to be served, or a decree or Order to be enforced, outside the limits of its territorial jurisdiction, but within the State, it shall forward such process or other document, or decree or order to the Court within whose jurisdiction the process or other document, decree or order is to be served or enforced, as the case may be.
2. Service and execution in areas where there are no Customary Courts
When a Court desires any process or document to be served, or a decree or order to be enforced, outside the limits of its jurisdiction, but in any area within the State in which no Court is established, it shall forward such process or other document, decree or order to the Magistrates’ Court having jurisdiction within that area and the Magistrate Court shall proceed in the manner provided under order 3 of these rules.
3. Process from the High Court or Magistrates’ Court within the State
When the High Court or a Magistrates’ Court desires any process or other document to be served, or a decree or order to be enforced anywhere within the State, the High Court or Magistrate Court may forward the process or other document, or order to the Customary Court within whose jurisdiction the process or other document, decree or order, is to be served, or enforced, as the case may be.
(1) If it is only the claimant in a cause or matter that fails to appear when it is called on the return day, the Court, unless there is some good reason for keeping the cause or matter on the list, shall strike it out.
(2) If it is only the defendant in a cause or matter that fails to appear on the return day, the Court, unless there is some good reason for adjourning the hearing (in which case the reason shall be recorded and a hearing date fixed) shall, on proof of service, or if it is satisfied that the hearing date is known to the defendant, proceed in the absence of the defendant to hear and determine the cause or matter on the evidence of the claimant and his witnesses, if any. Provided that the defendant has filed in the Court an admission in writing of the claimant’s claim, the Court may give judgment for the claimant without further proof of service or of the claim.
ORDER 5 – PROCEEDINGS AT THE HEARING
1. Oral evidence may be taken
At the hearing of any motion the Court may receive oral evidence for or against the motion.
2. Plea
The subject matter of a claim shall be read out by the clerk to the defendant, who shall be asked how he pleads to it, and his answer shall be recorded.
3. Plea of liability
Where the defendant admits the claim, the Court shall hear the statements of the parties and give its judgment.
4. Plea of non-liability
Where the defendant does not admit the claim, the claimant shall adduce evidence in support of his case.
5. Verdict
At the conclusion of the evidence on both sides, the Court shall consider the whole eyidence and give its judgment.
ORDER 6 – NON-APPEARANCE OF PARTIES AT THE HEARING
1. Parties not appearing
If neither party to a cause or matter appears when it is called on the return day, the Court, unless there is some good reason for keeping it on the list, shall strike out the cause or matter.
(a) make such order as the Court may deem fit for the inspection by the Court, the parties or any witness, of any movable or immovable property, the inspection of which may be material to the proper determination of the question in dispute; and
(b) give such direction as the Court may deem fit regarding such inspection.
40. Supervision and control of Customary Courts
(1) Customary Courts shall be .under the general supervision and control of the Commission-
(2) The Commission shall appoint such number of Customary Court Inspectors as may be required, provided that there shall be no less than five (5) Customary Court Inspectors in the State who shall be legal practitioners of not less than seven (7) years’ post-call experience, or retired magistrates.
(3) A Customary Court Inspector shall be empowered to supervise administrative functions in the Customary Court in the area of his jurisdiction as the Commission may from time to time direct and he shall at all times have access to the Customary Courts as well as the records and proceedings of such Courts.
41. Contempt
(1) Any person who-
(a) insults a Customary Court President or any of its members during a sitting;
(b) intentionally interrupts the proceedings of a Customary Court at any stage; or
(c) commits other acts of contempt in the face of the Court;
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Five Thousand Naira (NS,000.00) or to imprisonment or other correctional remand for up to fourteen (14) days or to any non-custodial sentence.
(2) Any Customary Court subject to the powers conferred on it by subsection (1) of this section may order-
(a) any person to be detained in prison custody or in a rehabilitation or correction centre;
(b) that any fine which it may impose shall be paid at such time or times as it may think just and in default payment;
6. Amendment of claim
The Court may, at any stage before judgment, on application by any party to the proceedings, amend the particulars of a claim if the Court is satisfied that no injustice will result.
7. Adjournment
The Court may adjourn only once, any proceeding where the justice of the case permits.
Oral evidence may be taken.
ORDER 7 – EVIDENCE
1. Evidence to be on oath or affirmation
Every witness giving evidence before the Court shall be put on such oath as he declares to be binding on him, but if he objects to the taking of an oath he shall affirm that the evidence he is about to give is the truth; and the fact that a witness has taken an oath or made an affirmation shall be recorded.
2. Evidence of a child
The evidence of a child who, in the opinion of the Court, does not understand the nature of an oath, but understands the duty of speaking the truth, may be received by the Court, although not given on oath.
3. Examination of witnesses
(1) Every witness shall first be examined by the party calling him and the other party shall then be at liberty to cross-examine such witness who may thereafter be re• examined by the party calling him, as to matters arising out of the cross-examination.
(2) A witness may be questioned by the Court at any stage of the proceedings.
4. Record of evidence
All oral evidence shall be recorded in the proper manner.
Customary Courts Law
5. Court may order deposit of witnesses’ expenses
When a Court, on the application of any party to the proceedings before it, directs that a person should be summoned to give evidence or produce any document in his possession, the Court may order a deposit of such amount of money by the party making the application, before the issuance of the summons, as will cover the expenses of such person in so attending from the person making the testimony.
6. Witnesses may be excluded from Court
A Court may, on the application of any party to a cause or matter, or of its own motion, order witnesses on any side to be kept out of Court, provided that the parties themselves shall not be so ordered, although it is intended that they should be called as witnesses.
7. Exhibits and documents to be kept by Court
(1) All documents and other exhibits admitted in evidence by the Court shall be retained by the clerk until an appeal is lodged or the time within which an appeal should be lodged has elapsed, whichever is the earlier.
(2) Where no appeal is lodged within time, the clerk shall return the documents and other exhibits to the parties who have tendered them in evidence, unless the Court otherwise directs and shall retain an acknowledgement in writing of documents collected.
ORDERS – EXECUTION AGAINST MOYABLE PROPERTY
1. Bailiff to pay over all money received to clerk
Every bailiff shall pay to the clerk at the close of the day, all monies for the time being in his hands.
2. Returns by the clerk
At the close of every week, the clerk shall-
(a) make a full return to the accountant of all writs and orders, which have not been fully executed by the bailiff at the end of the preceding week, and of all writs and orders, that have been entrusted to the bailiff for execution during the past month, and shall set against each of such process, a statement of what has been done; and
(b) make a return of all monies received by him during the past week.
3. Inspection of bailiff’s receipt books
(1) The clerk shall submit to the accountant the receipt book used by the bailiff during the past week, and the accountant shall-
(a) examine the counterfoils of the receipts and see that there is an entry on a counterfoil to denote that a receipt from the said book has been given for each sum acknowledged to have been received; and
(b) ensure that all sums for which receipts appear from the counterfoil to have been given have been duly entered and accounted for.
(2) Subject to paragraph (I) above, if satisfied with the entries, the accountant shall certify the receipt book accordingly.
4. Proceeds of sale
Where property is sold under a writ of execution, the proceeds less the expenses of the sale, shall be disposed of as follows-
(a) the amount to be levied, together with costs paid by the judgment creditor subsequent to the issue of the writ, shall be paid to the judgment creditor; and
(b) the balance shall be paid to the judgment debtor.
ORDER9 – EXECUTION AGAINST THE PERSON
1. Summons to show cause
On the application of a judgment creditor for the enforcement of any order for the payment of money by the judgment debtor, the Magistrates’ Court shall issue a summons calling upon the judgment debtor to appear before the Court on a day and at an hour specified in the summons to show cause why he should not be committed to prison.
ORDER 10 – EXECUTION OF SENTENCES
1. Sentences of imprisonment
(1) When any person is sentenced to imprisonment, the Court which sentenced him shall issue a warrant of committal as in Form B, ordering that the sentence be carried out in a prison to which the Court has power to commit any person, such prison or correctional centre to be named in the warrant or any other non-custodial order is made against him.
(2) Such warrant shall be sufficient authority to the bailiffs and messengers of the Court or the police to convey the person named in the warrant to the said prison or correctional remand and there deliver him to the officer in charge and for the said officer to keep the person committed for the period prescribed in the warrant.
2. Commencement
A sentence of imprisonment shall commence on the date on which it is ordered and shall include the whole of the commencement date.
ORDER 11 – APPEALS
1. Notification of appeal
A Court shall, on giving its judgment against a person, inform such a person of his right to appeal from such judgment.
2. Appeals
(1) An appeal from a Court to an Appeal Court shall be commenced by the appellant giving oral notice of appeal in open Court or filing a copy in the Court whose order or judgment is being appealed from a notice of appeal in the Form C(i) or C(ii) set out in the Second Schedule within the time prescribed by the Law.
(2) Where a notice of appeal is given orally in open Court, the appellant shall, within 30 days, file in duplicate a notice of appeal as in Form C(i) or C(ii) set out in the Second Schedule, in the Court whose judgment or order is being appealed from, within the time prescribed by the Law.
3. Court to specify conditions of appeal
On receiving the notice of appeal, the clerk of the Court shall file the same, and the Court shall order as the circumstances of the case may require-
(a) a deposit of a sum of money by the appellant to cover the costs of making up and transmitting the record of appeal;
(b) a deposit or the entering into a recognisance with or without sureties, for a sum of money to cover any costs which may have been awarded in the Court or which may be awarded in the appeal Court; and
(c) the time within which the appellant shall file particulars of grounds of appeal in the Court as in Form C(iii).
4. Failure to comply with conditions of appeal
If the appeal Court is satisfied that an order made under rule 3 of this order has not been complied with, the appeal Court shall, unless it extends the time within which to appeal, strike out the appeal and may order the forfeiture of any deposits or recognisances in so far as it appears to the Court to be necessary to do so.
5. Procedure on receipt of notice of appeal
The clerk of the Court who receives a notice of appeal shall-
(a) attach to the notice a certified true copy of the judgment or order to which the notice refers;
(b) endorse on the notice the cost of making up of the record of appeal;
(c) within 10 days of receiving the same, forward the notice so endorsed, with a certified true copy of the judgment or order attached, to the clerk of the Appeal Court named in the notice; and the Court shall take no further action in the appeal proceedings except by the direction of the Appeal Court; and
(d) certify to the Appeal Court, the conditions ordered by the Court in accordance with rule 3 of this order.
6. Lower Court to forward record
The Court shall forward the record of proceedings in the cause or matter on the direction of the Appeal Court and the Comt shall deduct the cost of preparing the record from any deposit made by the appellant for that purpose, and shall pay to the appeal Court the balance (if any) and any other sum of money which may have been deposited under an order made under this rule.
7. Court may vary conditions
An order made by the Court under rule 3 may be varied or amended by a subsequent order of the Appeal Court.
8. Copy of proceedings
Any party to a cause or matter shall be entitled to receive a copy of the proceedings in the cause or matter upon payment of the appropriate fee.
ORDER 12 – RECORD OF PROCEEDINGS
1. Record of proceedings
All proceedings including notes of evidence given before the Court shall be recorded in English or in any Nigerian language in the proper record books, by the President of the Court.
2. Copies of records
The President shall sign the record book at the end of the proceedings in each cause or matter and at the end of each day’s business.
(1) Any person who is not a party to a cause or matter in a Court shall not be entitled as of right to inspect the record of proceedings relating to such cause or matter, but such person may apply to the Court to inspect or obtain a copy of such record; and his application shall state what document he desires to inspect or copy and the reasons for making the application.
(2) The Court may, m its discretion, grant such application on such terms as it deems fit.
3. Record books
(1) Every Court shall keep cash records and record of proceedings.
(2) Every Court shall keep receipt books from which receipts shall be issued for all sums paid into Court funds.
4. Preservation of records
The clerk of the Court shall preserve all records of the Court.
5. Fees payable for inspection of records
(1) All inspection of records, whether or not by a party to the cause or matter, shall be done under the supervision of the clerk or a member of the Court.
(2) The fees to be paid in respect of inspection and for copies of records shall not exceed the appropriate prescribed fees.
ORDER 13 – COSTS
1. Costs at discretion of Court
(1) A Court may in its discretion order full or reduced costs to be awarded to the successful party in a cause or matter.
(2) Where in any cause or matter any costs would be payable to the Lagos State Government or a local government council, or its agent or servant who has acted in the cause of his duties as such agent or servant, such costs, unless the Court sees good and special reason to direct otherwise, shall be ordered to be paid into the Lagos State Government Treasury or Local Government Council Treasury as the case may be.
2. Determination of costs
Any Court awarding costs shall whenever possible assess the amount of such costs summarily and shall include such amount in its order.
ORDER 14 – FEES
1. Fees
The fees prescribed in the Third Schedule shall be payable in the circumstances specified therein and lists of such fees shall be exhibited to the public in suitable parts of the Court offices, provided that-
(a) the Court may, with the approval of the Commission, direct from time to time that such other fees, not exceeding the fees prescribed in the Third Schedule, as it considers suitable in a particular class of cases, shall be payable; and where the Court has so directed, only such fees shall be payable;
(b) the Court may remit all or part of the fees payable in particular cases, where the Court has reason to believe that a person has just cause for complaint and that he is unable, by reason of poverty or other sufficient cause, to bring the same before the Court; and
(c) no additional fee shall be payable on the issue of a summons by reason only of the names of more than one defendant appearing on such summons.
2. Payment of fees
The fee payable upon the issue of any process or order of the Court, or on the doing of any act by the Court, shall be paid into the Court funds before the process or order is issued or the act is done.
ORDER 15 – FORMS AND ACCOUNTS
Use of forms
(1) The forms set out in the Second Schedule or forms to the like effect may be used in all proceedings to which they are applicable with such variations as the circumstances may require.
(2) The clerk shall keep a record of every form issued by the Court by retaining a copy of such form, and every such copy shall show accurately all the details contained in the form at the time of issue.
(3) The Clerk or such other person as the Commission may appoint for that purpose shall account for all monies received by the Court.
INTERPRETATION AND CITATION
1. Interpretation
In these rules, unless the context otherwise requires-
“Appeal Court” includes a Magistrates’ Court;
“cause or matter” includes any legal proceedings between a claimant and a defendant or between a petitioner and a respondent in a matrimonial proceedings;
“claim” means any debt, demand, damage or relief claimed or any claim for the recovery of any chattel or thing sought to be recovered in a Court;
“claimant” means any person taking civil proceedings in a Court against any other person;
“clerk” means any person appointed as a clerk for a Court m accordance with section 19 of the Law;
“Commission” means the Lagos State Judicial Service Commission;
“Court” means a Customary Court established under or in pursuance of the Law, or deemed to have been so established;
“decree” means an order made in a matter relating to Customary Law marriage;
“defendant” means any person against whom proceedings are taken in a Court;
“judgment” includes the dismissal of any cause or matter, as well as any other decision of a Court;
“judgment creditor” means any person for the time being entitled to enforce a judgment;
“judgment debtor” means a person who is liable under a judgment, and includes every person required by a judgment or order in a civil cause or matter to pay money or to do or abstain from doing an act;
“Law” means the Customary Courts Law;
“motion” means an application to a Court for an order directing something to be done in the applicant’s favour;
“order” means a command or direction by a Court in any proceeding before it;
“President” means a President of the Court and includes a presiding member selected in accordance with section 5 of the Law;
“proceedings” means all civil actions triable in a Court and all proceedings in relation to the making of an order for the payment of any sum of money or for the doing or abstaining from doing of any act or thing not enforceable by fine or imprisonment in the first instance;
“process” means formal written authority of a Court for the purpose of giving compulsory effect to its jurisdiction and includes a summons, warrant or any other document issuing out of a Court for such purpose;
“return day” includes any day fixed for any proceeding before the Court; and
“summons” means a document issued by a Court calling upon the person to whom it is directed to attend before the Court or to produce any document or thing to the Court at a certain time and place.
2. Citation
These rules may be cited as the Customary Courts Rules 2011.
SCHEDULES
FIRST SCHEDULE (Section 22)
PART 1 – CIVIL JURISDICTION OF CUSTOMARY COURTS
(1) Unlimited jurisdiction in matrimonial causes and other matters between persons married under Customary Law or arising from or connected with a union contracted under Customary Law and related matters.
(2) Unlimited jurisdiction in suits relating to the guardianship and custody of children under Customary Law.
(3) A Customary Court shall have jurisdiction in causes and matters relating to inheritance upon intestacy and the administration of intestate estates under Customary Law provided that the Customary Court shall not have jurisdiction where the value of the property or claim exceed Five Hundred Thousand Naira (N500,000.00).
(4) A Customary Court shall have civil jurisdiction in other causes and matters as conferred under any bye-law passed by a local government provided the claim does not exceed Five Hundred Thousand Naira (N500,000.00).
PART2 – CRIMINAL JURISDICTION OF CUSTOMARY COURT (Section 41)
(1) A Customary Court shall only have jurisdiction to impose punishment authorised by law in respect of contempt of Court committed in the face of the Court notwithstanding the provisions of any Law. The Court shall not exercise jurisdiction save as provided for in this Law.
(1) A Customary Court shall only have jurisdiction to impose punishment authorised by law in respect of contempt of Court committed in the face of the Court notwithstanding the provisions of any Law. The Court shall not exercise jurisdiction save as provided for in this Law.
SECOND SCHEDULE
FORMS FORM A (i)
CIVIL SUMMONS
Order 3, rule 1
CUSTOMARY COURTS OF LAGOS STATE
Customary Court of.
DIVISION
Cause/matter no. 20 .
…………………………………………….. Claimant
and
…………………………………………….. Defendant
You are hereby summoned to appear at a Court holden at on the …………….. day of …………… 20 ……………………
At ………………………………… o’clock a.m. to answer the claimant’s claim as follows:
Particulars of claim
Fees paid
Date
President
FORM A (ii) CIVIL
SUMMONS
Order 3, rule 1
CUSTOMARY COURTS OF LAGOS STATE
Customary Court of…………………………………..
DIVISION…………………………………..
Cause/matter no …………………………………. 20…………
………………………………….. Claimant
and
……………………………………. Defendant
You are hereby summoned to appear at a Court holden at …………………………………..
on the ……. day of ………… 20……………….
at ………………………………….. o’clock a.m. to answer the claimant’s claim as follows:
Particulars of claim
Fees paid
Date
President
FORM A (iii)
WITNESS SUMMONS
Order 3, rule 1
CUSTOMARY COURTS OF LAGOS STATE
No
SUMMONS TO WITNESS
In the ……………… Customary Court of …………………
Between
………………………………….. Claimant
(if more than one, all should be named)
And
………………………………….. Defendant
(if more than one, all should be named)
To (1) ………………………….
You are to attend before this Court sitting at (2)
………………………… day of ………….. 20 …………
at the hour of a.m./p.m. to testify all that you know in the above cause, and to produce the following documents, that is to say (3)…………………………
You are summoned on behalf of the (4)…………………………
Dated the ………. day of…………….. 20 …………….
(Signature) .
President
(1) Insert name of witness.
(2) Insert place of sitting.
(3) State details of documents to be produced by the witness.
(4) Insert plaintiff or defendant as the case may be.
FORM B
Order 10, rule 1(1)
COMMITTAL
No .
In the Customary Court of ……………………………..
To all bailiffs and messengers and members of the Nigeria Police and the officer in charge OF (1) ………………………………. Prison or any correctional remand centre.
Where (2) ……………………… referred to as the Defendant was before this Court sitting at (3) ……………………………….. on the …… day of …… 20 ……… convicted in that he did.
And it is adjudged that the defendant, for his said offence, be imprisoned at (1) …………………………. for the period of (4) ………………………..
Now therefore, you the said bailiffs and messengers and the said members of the Nigeria police or other officers are ordered to convey the defendant to the said ………………………. prison or …………………… correctional remand centre and there to deliver him to the officer in charge.
And you the said officer in charge of the said prison or correctional remand centre are ordered to receive the said defendant into your custody and keep him for the above-stated period.
DATED the ……………. day of ………….. 20 ………………..
(Signature)………………………….. .
President
(1) Insert name of prison or correctional remand centre.
(2) Insert name of convicted person.
(3) Insert the place of sitting.
(4) State length of sentence.
FORM C (i)
Order 11, rule 2
NOTICE OF APPEAL
CUSTOMARY COURTS OF LAGOS STATE OF NIGERIA
Customary Court of
DIVISION
Cause/matter no. 20 ……………………
…………………………………….. Claimant appellant/respondent
and
…………………………………….. Defendant appellant/respondent
TAKE NOTICE that the claimant (or defendant) appeals from the decree or Order dated the ………….. day of ……… 20 ………… in the above-mentioned proceedings.
The address for service of the said claimant/defendant appellant within the jurisdiction of the Court is
DATED the …………….. day of ……………. 20 ……………………
Fees paid
Appellant
To of NOTES: The notice must be filed with the clerk of the Court within 30 days of the order appealed from and served on all parties affected by the appeal.
Form or grounds of appeal is set out in Form E (iii).
FORM C (ii)
Order 11, rule 2
NOTICE OF APPEAL (CONTEMPT)
CUSTOMARY COURTS OF LAGOS STATE
…………………………………………….. Complainant/respondent
and
…………………………………………….. Defendant/appellant
TAKE NOTICE that the defendant appeals against the conviction/sentence by the Court pronounced on the …………………… day of ………………. 20 ……………….. in the above-mentioned proceedings.
Particulars
Offence convicted of Date of conviction
Sentence and date
…………. Prison or correctional remand centre where appellant is
This notice of appeal is given by …………. of …………. (who wishes to be present at the hearing).
DATED the ……….. day of …………
Fees paid
Appellant
To the clerk of the Court.
NOTES: This notice must be filed with the clerk of the Court within 30 days of the decree or order appealed from and served on all parties affected by the appeal. Form of grounds of appeal is set out in Form E (iii).
FORM C (iii)
Order 11, rule 3
MEMORANDUM OF GROUNDS OF APPEAL
CUSTOMARY COURTS OF LAGOS STATE OF NIGERIA
Customary Court of …………………………………..
DIVISION …………………………………..
Cause/matter no.
………………………………………………… Claimant appellant/respondent
and
…………………………………….. Defendant appellant/respondent
This is my memorandum of grounds of appeal in connection with my notice of Appeal
Dated 20 .
Grounds of appeal
DATED the ……….. day of …………….. 20 …………………
Fees paid to clerk of Court
Appellant
THIRD SCHEDULE
ORDER 14
FEES
A – CIVIL CAUSES OR MATTERS
1. (a) On issue of summons
where claim does not exceed N5,000.00 50 00
(b) On issue of summons relating to inheritance upon intestacy administration of intestate estate where value of property or claim
(i) Not exceeding N50,000.00 150 00
(ii) Between N50,000.00 – N 100,000.00 250 00
(iii) Between N 100,000.00 – N250,000.00 500 00
(iv) Between N250,000.00 – N 500,000.00 750 00
2. On issue of summons where claim is not for the recovery of money or goods but for some other relief or assistance. 500 00
3. On issue of judgment debtor summons 50 00
4. On drawing up of formal decree 200 00
5. On issue of summons for witness 50 00
6. for C T C of:
(a) Court records or proceedings (per page) 25 00
(b) Ruling (per page) 50 00
(c) Judgment (per page) 50 00
7. for swearing to an affidavit or making a declaration 50 00
8. (a) For service of any process or document including hearing notice per party within the Court district 30 00
(b) Additional payment per kilometre 150 00
9. Exhibit (per exhibit) 50 00
10. For searching the archive 250 00
11. Witnesses fees and allowances per day 500 00
(Travelling expenses of witnesses shall be allowed having regard to the sums reasonably and actually spent.)
B-Appeals
1. On filing notice and grounds of appeal:
(a) if within time 250 00
(b) if out of time 500 00
2. On making up and supplying record of appeal for every 100 words 50 00
3 For the transmission of the appeal:
(a) if sent by post ……………………………… Amount paid thereof
(b) if transmitted by bailiff or special bailiff as in (9) above
C-Exceptions
The following are exempted from the payment of fees specified in this schedule:
1. all departments of the State Courts;
2. all local government councils.
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
