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The
Lagos branch of the Nigerian Bar Association (NBA), has asked to be
joined as a party in the suit instituted by Jiti Ogunye, a Lagos based
lawyer, challenging the legality of the Magistrates’ Court Rule 2009.

The association
frowned at the suspension of the 2009 magistrates’ court law by Aishat
Opesanwo, a judge, stating that same could have been amended instead of
suspended.

According to the
chairman of the association’s Lagos branch, Chijioke Okoli, there is no
perfect law in the world, for which reason it is better to amend the
law where necessary rather that asking for its nullification.

“It is only the
Bible that cannot be amended; once a law is made it can be amended,”
Mr. Okoli said. “We are disturbed by the order made by the court
suspending the law. You don’t have to be (a) lawyer to know that you
cannot have two laws in operation at the same time. The 2003 Magistrate
Court Law, which the court ordered should replace the new law has to
the best of my knowledge seized to exist. I do not think that by an
interim order it can be resurrected.”

Suspension of controversial law

Ms. Opesanwo had on
March 24, 2010 ruled on an oral application by the counsel to the
claimant, Gbemiga Ogunleye, asking for an interim order restraining
parties in the suit from taking any action pending the hearing of the
substantive application.

She held that, in
the interest of justice, parties should maintain status quo pending the
hearing of the substantive suit. She also suspended the usage of the
2009 rule and held that the 2003 rule should be operative pending the
determination of the suit.

“There are serious
constitutional issues raised in the new Magistrate Law. The interest of
justice and fair hearing demands that parties should maintain status
quo, meanwhile the operating law shall be the MSCL (Magistrates’ Court
Law) of 2003.”

She then adjourned the suit to April 19, 2010 for mention.

Consequent upon the
order of the court suspending the law, the association through its
counsel, Theodore Ezeobi, filed a Motion on Notice brought pursuant to
Order 13 Rule 16 and 39 of the Lagos High Court Civil Procedure Rule
2004 praying the court to join it as a co-defendant in the suit.

Represented by five
members of the association; Olufemi Daramola, Olasupo Olajide, Bob
Ijioma, Amaka Aneke and Phil Omorodion, the NBA maintained that the
nullification of the Magistrate Court Law affects the interest of its
members.

In a 12- paragraph
affidavit in support of the Motion deposed to by Mr. Ijioma, the
Association stated that on March 8, 2010 during the monthly meetings of
the bar, a resolution was passed that the NBA Lagos branch should be
joined as defendant in the suit.

The affidavit
stated that the NBA Lagos branch was consulted in the making of the
contentious Magistrate Court Law; it further held that the suspension
of the law has affected over 6,000 of its members that are practicing
in the Magistrate Courts.

Besides, they said,
the Magistrate Court Law which the claimant sought to nullify has made
attractive options available for lawyers in Lagos State.

It also stated that
the orders sought by the claimant would radically and negatively affect
millions of their clients hence the need to join them as party in the
suit.

AG appeals suspension

The Attorney
General and Commissioner for Justice in Lagos state, Olasupo Shasore,
has also appealed against the suspension of the Magistrate Court Law,
2009.

In the Notice of
Appeal filed by the lawyer to the ministry, Charles Uwensuyi asking the
Court of Appeal, Lagos Division for an order setting aside the order of
the lower court suspending the operation of the law.

The appellant is
also asking for an order directing the Chief Judge of Lagos State,
Inumidun Akande, to re-assign the case to another judge for hearing and
determination.

The appellant
stated in his grounds of appeal that the trial judge erred in law when
she granted an order upon an oral application by the claimant and
suspended a law validly made by the Lagos State House of Assembly
without first testing the validity of the suit.

It also added that the trial judge misdirected herself when she
exercised her discretion to suspend, by an interim order, a law validly
passed under Section 100 of the Constitution by the Lagos State
government.