FIVE(5) MILLION MONENARY JURISDICTION OF SMALL CLAIMS COURT IN AKWA IBOM STATE, A CLOG ON ITS ESSENCE: A CALL FOR QUICK REVIEW

By ~ Meti M. Ukpeh, Esq.

Uyo-based Human Rights Lawyer

INTRODUCTION 

There is absolutely no doubt that Akwa ibom State, being one of the fastest rising States economically in Nigeria, has joined states like Lagos State to bring efficient and effective justice administration to the people through the establishment of Small Claims Court in the state. However, as lofty and welcoming this idea is, the pegging of the monetary threshold calls for concern as this work will unveil with recommendations made herein

It is pertinent to reiterate that Small Claims Court in Nigeria, usually a division created under the Magistrates' court, was designed to provide a simplified and cost-effective way for individuals and small businesses to resolve minor civil disputes, especially debt recovery claims. These courts handle cases involving small monetary claims, typically below a certain threshold, which varies depending on the jurisdiction.

Brief Essence of Small Claims Court in Nigeria include:

1. Jurisdiction and Threshold: Each state in Nigeria sets its own threshold for cases eligible to be heard in the Small Claims Court. This threshold typically ranges from a few thousand to a few hundred thousand Naira. Note that, Lagos State pegging of its monetary threshold at Five million for small claims court is well understood which majorly is due to the high economic volatility of the state. This in no measure would be recommendable for a predominantly civil service state like Akwa Ibom State.

2. Informality: Small Claims Court proceedings are less formal compared to regular court proceedings. Parties may represent themselves without the need for legal representation, although they have the option to hire a lawyer if they choose.

3. Speedy Resolution: The aim of Small Claims Court is to provide quick resolution to disputes. Cases are typically heard and resolved within a relatively short period, often within a few weeks or months.

4. Limited Remedies: The types of remedies available in Small Claims Court are usually limited to monetary compensation. In some cases, the court may also issue orders for specific performance or injunctions.

5. Procedures: The procedures in Small Claims Court are simplified to make them accessible to individuals without legal training. This often involves filling out straightforward forms and presenting evidence in a concise manner.

6. Mediation and Settlement: Small Claims Court may encourage parties to attempt mediation or settlement before proceeding to a formal hearing. This can help resolve disputes amicably and avoid the need for a court judgment.

7. Appeals: Decisions made in Small Claims Court, which is usually created as a division under the Magistrates' court, may be subject to appeal, naturally to a high court. However, the grounds for appeal are usually limited, and the process is designed to be expeditious.

Against the glaring and recommendable essence of small claims court explained above, one of the converse challenges that will greet and negative the essence of the court would be placing other inferior courts in the state on the same pedestal and threshold, viz: Customary Courts and Magistrates' courts.

Section 18 of Customary Court Law of Akwa Ibom State, 2022 provides: 

Ss(1): " The court(customary court) shall have unlimited jurisdiction-

Ss(1)(d): civil actions under customary law in which the amount of the debt, demand or damages does not exceed Five million naira."

Similarly, Section 14 of the Magistrates' court law of Akwa Ibom State,2012, also pegged the monetary threshold at Five million naira.

Thus, among other attendant consequences that may greet the monetary threshold of the small claims court, pegging same just like other inferior courts(who could comfortably handle those claims) would not only lead to duplicity, but may work hardship on the people and eventually negative the sole essence and purpose of the small claims court.

To this end, it is strongly recommended that, a review of the monetary threshold of the small claims court to a million naira (N1,000,000) will not only meet numerous unmentioned advantages, but will certainly amplify and fulfill the whole intendment of the small claims court.--- serving as a vital avenue for individuals and small businesses to seek redress for minor disputes without incurring significant legal costs or undergoing lengthy court proceedings.