Taraba Judiciary Commission establishes Small Claims Court

The Taraba State Judicial Service Commission on Saturday began the process of setting up a small claims court in the state.

Speaking at the training workshop for magistrates, registrars and clerks in Jalingo, Mr Justice Joel Agya, the state Chief Justice, noted that the purpose of establishing small claims courts is to make civil justice accessible to the poor.

According to the Chief Justice, the small claims court is limited to actions involving settled monetary claims and does not deal with torts, tenancy or other commercial disputes.

Justice Agya also explained that the idea behind the establishment of the Taraba Court is to provide access to informal, cheap and speedy resolution of simple disputes regarding the recovery of debts not exceeding N3,000,000 (three million naira).

Parties do not need to hire a lawyer to approach the subdistrict court, as they are allowed to represent themselves.

“As Micro, Small and Medium Enterprises (SMEs) develop, the need for the establishment of a Small Claims Court in Taraba State cannot be overemphasized.

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The concept of the Small Claims Court is rooted in access to justice. American legal scholar Roscoe Pound is quoted as saying:

‘It is a denial of justice in small cases to induce litigants to hire lawyers, and it is a disgrace to drive them to legal aid societies to obtain as a charity what the state should give as a right.’

“Small Claims Courts are therefore primarily designed to make civil justice accessible to the poor. Businesses in the informal economy face tough operating conditions, including high costs, lack of power, high taxes, dysfunctional regulations, lack of access to affordable finance, lengthy legal processes and inefficient dispute resolution.

“The Federal Government has introduced several initiatives to address some of these challenges. One such initiative 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 the reforms, the council introduced specialized commercial small claims courts. Lagos and Kano states were chosen to spearhead the initiative. Today, states such as Bayelsa, Borno, Cross River, Edo, Ekiti, Enugu, Gombe, Jigawa, Ogun, Nasarawa, Rivers and the FCT have established small claims courts.

“However, the subdistrict court is limited to claims relating to settled monetary claims and does not deal with disputes concerning torts, rent or other commercial disputes.

“The purpose of establishing the Small Claims Court in Taraba State is to provide access to informal, low cost and speedy resolution of simple debt recovery disputes not exceeding N3,000,000 (Three Million Naira). Claimants do not need to hire a lawyer to approach the Small Claims Court as they are allowed to represent themselves.

“The process of initiating debt collection proceedings is simple. It involves completing and filing the required forms, which can be done without hiring a lawyer.

“The Small Claims Court is limited to claims relating to liquidation claims and does not cover torts, tenancy or other commercial disputes. Therefore, one cannot bring an action for rent, possession, pain and suffering, or to enforce a promise. Judgments are expected to be delivered within 60 days for all claims brought in a Small Claims Court,” the Chief Judge explained.

Justice Agya described the training workshop as a major milestone in the Taraba State Judiciary as it will equip magistrates and other court officials with the requisite knowledge to administer justice in the small claims courts for the benefit of the business community and the state at large.

Earlier, Taraba State Governor Dr Agbu Kefas promised that the state government would commit to accessibility, efficiency and equality in the administration of justice.

Governor Kefas, represented by the State Commissioner for Justice, Advocate Yakubu Maikasuwa (SAN), who declared the occasion open, indicated that the opening of the Small Claims Court symbolizes the unveiling of documents setting out the procedures for the practice of the Small Claims Court in Taraba and marks a significant milestone in the state’s efforts to improve access to justice for all.