LAGOS STATE JUDICIAL INSTITUTE LAW
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LAGOS STATE JUDICIAL INSTITUTE LAW
ARRANGEMENT OF SECTIONS
1. Establishment of the Lagos Judicial Institute
2. Board of Governors
3. Proceedings of the Board
4. Objectives and Functions of the Institute
5. Provision of Library Facilities
6. The Administrator of the Institute
7. Staff of the Institute
8. Pensionable Service in the Institute
9. Establishment of the Funds Institute
10. Power to Accept Gifts
11. Accounts and Audits
12. Notice of Intention to sue the Institute
13. Mode of Service
14. Judgments against the Institute
15. Indemnity of Members of the Board
16. Annual Report
17. Staff Regulations
18. Interpretations
19. Citation and Commencement
SCHEDULE
LAGOS STATE JUDICIAL INSTITUTE LAW
LAW TO ESTABLISH THE JUDICIAL INSTITUTE IN LAGOS STATE AND FOR OTHER CONNECTED MATTERS
THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:
1. Establishment of the Lagos Judicial Institute
(1) There is established a body to be known as the Lagos State Judicial Establishment Institute (referred to in this Law as ‘‘the Institute’’).
(2) The Institute shall—
(a) be a body corporate with perpetual succession and a common seal;
(b) may sue or be sued in its own name;
(c) be capable of holding, acquiring and disposing of any property or interest in property, movable and immovable for the purpose of carrying out its functions under this Law.
2. Board of Governors
(1) There shall be a Governing Board (referred to in this Law as ‘‘the Board’’) to manage and direct the affairs of the Institute.
(2) The Board shall consist of the Chief Judge of Lagos State as its Chairman and the following members—
(a) the Attorney-General and Commissioner for Justice of the State;
(b) the most senior Judge of the High Court of Lagos State in order of precedence;
(c) two presidents from the Customary Courts appointed annually in rotation by the Chief Judge of Lagos State; and
(d) four other persons of unquestionable character to be appointed by the Chief Judge of Lagos State;
(3) Without prejudice to the provisions of subsection (1) of this section it shall be the responsibility of the Board to consider and approve—
(a) the plan of activities of the Institute;
(b) the programme of studies, courses and research to be undertaken by the Institute; and
(c) the annual budget of the Institute.
[SCHEDULE]
3. Proceedings of the Board
The Supplementary provisions contained in the Schedule to this shall have effect with respect to the proceedings of the Board and other connected matters.
4. Objectives and Functions of the Institute
(1) The Institute shall serve as the principal focal point of Judicial activities relating to the promotion of efficiency, uniformity and improvement in the quality of Judicial services in the superior and inferior courts.
(2) It shall be the responsibility of the Institute to—
(a) conduct courses for all categories of Judicial officers and the support staff with a view to expanding their overall knowledge and performance in different sections of service;
(b) provide continuing education for all categories of Judicial officers by undertaking, organizing, conducting and facilitating studies, courses, lectures, seminars, workshops, conferences and other programmes related to judicial education;
(c) organize once in two (2) years a conference for all Lagos Senior Judges of superior and inferior courts respectively;
(d) disseminate by way of publication of books, journals, records, reports or other means of information regarding its activities subject to the approval of the Board; and
(e) promote or undertake any other activity for the purpose of carrying out its functions under this Law.
5. Provision of Library Facilities
The institute shall establish and maintain a library comprising books, records, reports and publications as directed by the Board for the advancement of knowledge in the areas of activities undertaken by it, for research and other purposes connected with the functions conferred on the Institute under this Law.
6. The Administrator of the Institute
There shall be an Administrator who shall be the Chief Executive Officer of the Institute and shall—
(a) be a serving or retired judicial officer appointed by the Chief Judge of the State after consultation with members of the Board; and
(b) hold office on such terms and conditions to be determined from time to time by the Board and to be specified in his letter of appointment.
7. Staff of the Institute
(1) The Administrator shall be assisted by the following officers to be appointed by the Board—
(a) the Secretary who shall be—
(i) a Legal Practitioner with not less than six (6) years post call experience; and
(ii) responsible for the day-to-day administration of the affairs and finances of the Institute;
(b) the Director of Studies who shall be—
(i) a Legal Practitioner with not less than ten (10) years post call experience and considerable expertise in the relevant field;
(ii) responsible for organizing and conducting the courses and other studies undertaken by the Institute, including the collation and publication of course materials and other related publications;
(c) the Director of Research who shall be—
(i) a Legal Practitioner with not less than ten (10) years post call experience and considerable expertise in the relevant field; and
(ii) responsible for organizing the research staff and projects of the Institute and the collation and publication of research materials.
(d) the Librarian who shall be a professional with notable experience in the management and maintenance of a library.
(2) There may be appointed from time to time by the Board, other staff as shall be required for the efficient performance of the functions conferred on the institute under this Law.
8. Pensionable Service in the Institute
(1) Notwithstanding the provisions of the Pension Law, service in the Institute shall be approved service for the purposes of that Law and employment of the Institute and shall be entitled to pension, gratuity and other retirement benefits as are enjoyed by persons holding equivalent grades in the Civil Service of the State.
(2) For the application of the Pension Law, any power exercisable under the Law by a Commissioner or other authority, other than the power to make Regulations, is vested in and shall be exercisable by the Institute.
9. Establishment of the Funds Institute
(1) The Institute shall establish and maintain funds for the realization of the objectives and functions specified in section 4 of this Law.
(2) There shall be paid to the funds—
(a) sums of money as shall be provided by the State Government and
(b) fees charged for services rendered by way of gifts, testamentary disposition, endowments or contributions from philanthropic organizations or persons.
10. Power to Accept Gifts
(1) The Institute may accept gifts of money or of movable or immovable property upon compliance with the conditions as shall be specified by the organization offering the gift.
(2) The Institute shall not accept any gift if the conditions attached to the acceptance by the person or organization offering the gift are inconsistent with or inimical to the objective of the Institute.
(3) The Institute shall, subject to the provisions of this Law and the conditions of any Trust created in respect of any property, invest its funds including the surplus funds, in security as shall be approved by the Board.
11. Accounts and Audits
(1) The Board shall cause to be prepared, not later than 31st October of the year, an estimate of the income and expenditure of the Institute for the following year.
(2) The prepared estimate and expenditure shall be submitted to the Governor for consideration and approval.
(3) The Board shall cause to be kept, proper accounts and records of estimates and expenditure prior to certification and shall cause the accounts to be audited as provided in subsection (4) of this section.
(4) The accounts of the Institute shall be audited within six (6) months after the end of each financial year by auditors appointed by the Board from the list of auditors from the Auditor-General of the State in accordance with supplied guidelines.
(5) The fees of the auditors and the expenses of the audit generally, shall be paid from the funds of the Institute.
12. Notice of Intention to sue the Institute
(1) No action shall be instituted against the Institute, a member of the Board or any employee of the Institute for any act done or any defect or alleged neglect pursuant to the execution of the functions of the Institute under this Law unless it is commenced within twelve (12) months after the neglect or default complained of, or in the case of a continuance of the damage or injury, within twelve (12) months after the cessation.
(2) One month’s written notice of intention to commence the suit shall be served on the Institute and no action shall commence until the expiration of the notice.
(3) The written notice referred to in subsection (2) of this section must clearly state—
(a) the cause of action;
(b) the particulars of the claim;
(c) the name and place of abode of the party intending to sue; and
(d) the relief claimed.
13. Mode of Service
The notice referred to in section 12 of this Law and any summons, other notices, processes or any other document required or authorized to be served on the Institute, shall be served by delivering same to the Administrator or the Secretary of the Institute, or by sending the document by registered post addressed to the Administrator at the principal office of the Institute.
14. Judgments against the Institute
No execution, attachment or process shall be issued against the Institute in any action, but any sum awarded against the Institute by judgment of the Court shall, subject to any direction given by the Board, be paid from the General Reserve Fund of the Institute.
15. Indemnity of Members of the Board
Every member of the Board, an agent or employee of the Institute, shall be indemnified against any liability incurred by him in defending any proceedings against him in his capacity as member, agent or employee from the funds of the Institute.
16. Annual Report
(1) The Board shall, not later than 30th September of each year, submit to the Governor through the Attorney-General of the State, a report on the activities.
(2) The Board shall also include in the report specified in the subsection of this section, the audited accounts of the Institute.
17. Staff Regulations
(1) Subject to the provisions of this Law, the Board may make some regulations relating generally to the conditions of service of the employment in the Institute concerning—
(a) the appointment, promotion, disciplinary control and dismissal of employees; and
(b) appeals by such employees against dismissal or other disciplinary measures.
(2) Subject to the formation of the Regulations specified in subsection (1) of this section, any instrument relating to the conditions of service in the Civil Service of the State shall be applicable to the employees of the Institute with such modifications as shall be necessary.
(3) Staff Regulations made in accordance with subsection (1) of this section shall be published in the Official Gazette.
18. Interpretations
In this Law, unless the context otherwise requires—
‘‘Administrator’’ means the Administrator of the Institute;
‘‘Board’’ means the Governing Board of the Institute as provided in section 2 of this Law;
‘‘Chairman’’ means the Chairman of the Board;
‘‘Judicial Officer’’ means a holder of the office of Chief Judge or Judges of the High Courts, the President or Magistrate of the Magistrates’ Courts in Lagos State;
‘‘member’’ includes the Chairman of the Board;
‘‘Governor’’ means the Governor of Lagos State of Nigeria;
‘‘superior court’’ means any court established by the Constitution of the Federal Republic of Nigeria, 1999.
19. Citation and Commencement
This Law may be cited as the Judicial Institute Law and shall come into force on the 18th of May 2007.
SCHEDULE
[SECTION 3]
1. (1) Subject to Section 3 of this Law, the Board shall make standing orders regulating its proceedings or those of its Committees.
(2) The quorum of the Board shall be the Chairman and four (4) other members while the quorum of any Committee shall be determined by the Board.
2. (1) The Board shall meet not less than two (2) times in each year and shall be summoned by the Chairman, and on being notified by not less than five (5) members, the Chairman shall summon a meeting of the Board to be held within fourteen (14) days from the date on which the notice is given.
(2) The Chairman shall preside at any meeting of the Board and on being absent, the members present at the meeting shall appoint one (1) of the members to preside.
(3) Where the Board desires to obtain the advice of any person on a particular matter, the Board shall co- opt him as a member for such period as it deems fit, and anyone so co-opted by virtue of this sub- paragraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.
COMMITTEES
3. (1) The Board may appoint one (1) or more Committees to carry out some of its functions as the Board shall determine.
(2) A Committee appointed under this paragraph shall consist of such persons as shall be determined by the Board and shall hold office only in compliance with the terms of their appointment.
(3) A decision of a Committee of the Board shall be of no effect until confirmed by the Board.
4. (1) The fixing of the seal of the Institute shall be authenticated by the signature of the Chairman or of some other member authorized generally or specially to act for that purpose by the Board.
(2) Any contract or instrument which if made or executed by a person not being a body corporate, would not be required to be under seal, shall be made or executed on behalf of the Institute by the Administrator or any person generally or specially to act for that purpose by the Board.
(3) Any document purporting to be a document duly executed under the seal of the Institute shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be so executed.
5. The validity of any proceedings of the Board or a Committee shall not be affected by any defect in the appointment of a member of the Board or of a Committee, or by reason that a person not entitled to do so took part in the proceedings of the Board or committee.
6. Any member of the Board and any person holding office on a Committee of the Board who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Board or a Committee shall disclose his interest to the Board and shall not vote on any question relating to the contract or arrangement.
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
