Taraba judicial service commission to establish small claims court

The Taraba State Judicial Service Commission commenced the process of establishing a Small Claims Court in the state on Saturday.

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 Chief Judge, the Small Claims Court is limited to claims involving liquidated money demands and does not cover tort, tenancy, or other commercial disputes.

Justice Agya also explained that the idea behind establishing the court in Taraba is to provide access to an informal, inexpensive, and speedy resolution of simple debt recovery disputes not exceeding N3,000,000 (Three Million Naira).

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 overemphasized.

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The concept of the Small Claims Court is rooted in access to justice, as American legal scholar Roscoe Pound is credited with stating:

‘It is a denial of justice in small causes to drive litigants to employ lawyers, and it 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 to make civil justice accessible to the poor. Businesses in the informal economy face harsh operating conditions, including high costs, lack of power supply, 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 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 its reforms, the Council introduced specialized small claims commercial courts. Lagos and Kano States were chosen to pilot the initiative. Today, states like Bayelsa, Borno, Cross River, Edo, Ekiti, Enugu, Gombe, Jigawa, Ogun, Nasarawa, Rivers, and the FCT have established Small Claims Courts.

“The Small Claims Court is, however, limited to claims involving liquidated money demands and does not cover tort, tenancy, or other commercial disputes.

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

“The process of commencing debt recovery litigation is simple. It involves filling and filing the requisite forms, which can be done without engaging the services of a legal practitioner.

“The Small Claims Court is limited to claims involving liquidated money demands and does not cover tort, tenancy, or other commercial disputes. One cannot, therefore, sue for rent, possession, pain and 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 significant milestone in the Taraba State judiciary, as it will equip magistrates and other court officials with the requisite knowledge for administering 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 ensuring accessibility, efficiency, and equity in justice.

Governor Kefas, represented by the State Commissioner of Justice, Barrister Yakubu Maikasuwa (SAN), who declared the occasion open, expressed that the launching of the Small Claims Court symbolizes the unveiling of documents containing 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.