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[OPINION] FCT Small Claims Court; What You Should Know - Muhammad Naseer Abdullahi
Whereas, certain matters of trifling value render it impractical to subject the parties involved to the extensive and formal litigation process; this is most frequently encountered in the recovery of debts of an amount lesser than the cost of a full-scale legal proceeding. Consequently, an aggrieved party, wronged but without recourse, often resorts to divine intervention, for those who hold faith, seeking retribution. In some cases, frustrated parties have resorted to unconventional means to recover their owed sums, occasionally leading to the commission of offences.
To address this matter, certain states in Nigeria, with the Federal Capital Territory being the most recent, have established a Small Claims Court, where non-declarative, non-possessory, and relief claims based on promises or tortious actions can not be pursued.[1] The jurisdiction of this court is restricted to claims for liquidated sums not exceeding NGN 4,000,000:00 (excluding interest and cost),[2] and, where permitted, not exceeding NGN 7,000,000:00.[3] Claims sum can be broken down multiple claims to accommodate the financial jurisdiction of the court.[4]
On July 6th, 2023, the Chief Judge of the High Court of the Federal Capital Territory, exercising constitutional authority, issued the Small Claims Court Procedure Directive of 2022 to facilitate access for disputing parties to an informal, expeditious, and cost-effective debt recovery process. The court ensures that cases are resolved within 60 days of filing, and appeals, directed to the Fast-Track Registry of the High Court of the Federal Capital Territory, are concluded within 30 days.[5]
For a claim to qualify for consideration by this court, the following conditions must be met:[6]
1. The debt must be a liquidated monetary demand not exceeding four million naira. Liquidated monetary demand is defined as a debt or specific sum of money typically due or payable, with an ascertainable amount, determined arithmetically without further investigation, as established by the Court of Appeal in the case of Micmerah International Agency Ltd. v A-Z Pet. Products Ltd.[1] Such a liquidated sum may arise from a promise to provide compensation or a gift that has not been redeemed or paid, and the promisor acknowledges the debt, as seen in Joseph Uzor v. Daewoo Nigeria Limited.[2]
2. The cause of action must have arisen within the Federal Capital Territory.
3. Either of the parties involved in the dispute must reside or conduct business in the Federal Capital Territory.
4. A demand letter must have been initially served on the debtor.
When these criteria are met, the claimant will be issued with Form SCA 2, where claim particulars will be submitted. If the claimant believes the defendant lacks a good defence, they may attach Form SCA 3 A and B, which include an application for the undefended list and an affidavit attesting to the grounds for their belief that the defendant lacks a good defence.
Upon assessment and payment of fees, a summons is issued, and the claim is filed by the Registrar of the Small Claims Court or the officer in charge. The case is then transferred to the administrative District Court Judge, who assigns it to any district court judge presiding over the Small Claims Court. This assignment must be completed within 2 days of filing. Fresh cases, unless approved by the Chief Registrar of the High Court of the Federal Capital Territory or the Director of Magistrates, will not be assigned to judges handling more than five part-heard cases that have extended beyond 60 days.[3]
The court bailiff or officer is responsible for serving the summons and other related documents on the defendant within 7 days of filing and filing Form SCA within 2 days of service. The defendant has 7 days to file a response, counterclaim, or admissions using Form SCA 5. In the case of a counterclaim, the defendant must attach Form SCA 5A to their process, and the claimant may file a further affidavit within 5 days to respond to the counterclaim.
In instances where the bailiff is unable to effect service within the specified timeframe, Form SCA 6 is to be filed, and the claimant may subsequently file Form SCA 7, which is an application for substituted means of service. This application must include an affidavit providing the physical, postal, or electronic mailing address of the defendant and evidence of correspondence between the parties.
Hearings must be conducted within 30 days from the initial hearing date.[1] This period may begin with 7 days set aside for private amicable settlements, which, when reached, are reported to the court and entered as consent judgments. In the event of failure to reach an amicable settlement, the court proceeds to hearing and takes oral and documentary evidence, focusing on justice rather than technicalities due to the informal nature of the court. Rules of evidence are relaxed, allowing the judge to ask questions and request document production to clarify ambiguous evidence. Hearing continues daily, with each party entitled to only one adjournment, until the hearing is concluded.
Upon the conclusion of the hearing, which must be completed by the 30th day or earlier, the court has 14 days to deliver its judgement and cause copies of the judgement to be issued to parties not later than 7 days after the delivery of the judgement. Failure to comply with this 14-day deadline does not invalidate the judgement delivered outside this timeline. However, when neither party appears in court at the commencement of the hearing, and there is no justifiable reason for an adjournment, the claim is struck out, and no relisting is allowed.
Judgments issued by the court are enforced as judgments of the District Court. Appeals against judgments of this court goes to the High Court of the FCT (Fast-Track Registry) and are initiated through a Notice of Appeal in Form SCA 8 within 14 days from the date of judgement delivery and records of appeal are to be transmitted to the appellate court within 14 days.
These 17 articles of Practice Directions conclude with a provision that makes other applicable court rules within the Federal Capital Territory relevant to matters not covered by these Practice Directions.
[STATE HOUSE PRESS RELEASE] President Tinubu Mourns Prominent Educationist, Emeritus Professor Umaru Shehu
President Bola Tinubu has expressed shock and deep sadness over the passing into glory of a foremost Nigerian educationist and one of the pioneer medical doctors from Northern Nigeria, Emeritus Professor Umaru Shehu, CFR, on Monday.
Born in 1930 in Maiduguri, Borno State, the Nonagenarian was 92 when he passed away.
President Tinubu described Emeritus Professor Shehu's death as a big blow to the country, saying that his death had closed a glorious chapter of illustrious service to Nigeria, Nigerians, and humanity as a whole.
"Emeritus Professor Shehu was a giant, even among that legendary generation of pioneering indigenous professionals in our country, and the story of his life is saturated with many first, golden steps across the realms of medical practice, school administration, and humanitarian services.
"The renowned Professor of Medicine has always served Nigeria meritoriously and bestowed on all Nigerians a sense of pride with his indelible breakthroughs and innovative approaches to the administration of health and medical education around the world. Nigeria was indeed blessed to have him as both a patriotic son and as a worthy global representative in his fields of endeavour," the President gratefully stated.
Trained at the defunct University College-Ibadan, the University of Liverpool and the University of London, among others, Emeritus Professor Shehu spent a lifetime straddling Nigeria's medical and higher education institutions, in addition to several remarkable engagements on the global stage.
The legendary academician served variously as a Deputy Vice Chancellor, Vice Chancellor and Sole Administrator of the Ahmadu Bello University, Zaria; University of Nigeria, Nsukka; and the University of Maiduguri, respectively. He successfully taught and mentored generations of medical practitioners, both in Nigeria and in the United Kingdom, and served at different times as the Country Coordinator of the World Health Organization (WHO) in Nigeria and Ethiopia.
President Tinubu shared his profound condolences with the people and Government of Borno State, the deceased statesman's family, the Nigerian medical community, and so many others who are grieving around the world over the colossal loss of this Nigerian icon, mentor, father, son, and dedicated professional.
The President also prayed for the repose of the soul of the deceased academician and statesman.
Chief Ajuri Ngelale
Special Adviser to the President
(Media and Publicity)
Nasarawa Tribunal sacks Gov Sule, declares PDP’s David Ombugadu winner
The Governorship election petition tribunal has nullified the election of Governor Abdullahi Sule of Nasarawa state, declaring PDP’s David Ombugadu as the winner.
Delivering the judgment virtually, the chairman of the tribunal, Justice Ezekiel Ajayi declared Emmanuel Ombugadu of the PDP as the lawfully elected governor of Nasarawa State.
Dollar now underground currency of Nigeria’s economy — Peter Obi
The presidential candidate of the Labour Party, LP, in the 2023 general elections, Peter Obi, has lamented the ‘dollarisation’ of the Nigerian economy.
Speaking during an interview with Arise TV on Monday on the state of the country, Peter Obi stated that the Naira should have been devalued.
He added that the use of the dollar in the country has led to unproductivity.
Obi said: “Dollar has become the underground currency of our economy; it shouldn’t be. We have a currency called the naira.
“All the things people use dollars to do that are not productive should be removed.
“I can assure you that when you remove it, it can strengthen the currency. Today, even when you want to do party primaries, people share dollars. That is not our currency.
“There should be a stiff penalty in dealing with the issue. If people earn dollars legitimately, let them spend it the way they want.
“However, it has now become a means of corruption and criminality in our system.”
Peter Obi further stated that the country should work more on exports to strengthen the currency.
UK Announces New Entry Requirement For Nigerians, Others
The United Kingdom (UK) has released new travel requirements for people wishing to come to the country.
The UK stated that Nigerians and other citizens wishing to enter the country must apply for Electronic Travel Authorisation (ETA).
British and Irish nationals are, however, exempted from the new requirements.
The new rule comes into effect from November 15, 2023, and applies to everyone, including children.
The new travel rule states that all visa applicants wishing to travel to the UK need an Electronic Travel Authorisation (ETA) card before they enter or transit through the country.
The UK Home Office said persons who need the travel permit are those who were previously eligible to visit the UK without a visa and not already legally resident in the UK.
Also listed for ETA are those on visits shorter than six months, business people, tourism, and those visiting family and friends. Applicants are required to apply online before booking any travel to the UK. Once granted, it will be valid for multiple journeys over two years or until the passport one is applying with expires.
The UK Home Office, in a statement, further said travellers with valid visas may not be allowed to board without a valid ETA, as the ETA is digitally linked to travellers’ passports.
The statement reads: “The UK travel requirements are changing. Except for British and Irish citizens, everyone, including children who enter or transit through the UK, will soon require permission before they travel.
“This means that if you were previously eligible to visit the UK without a visa and not already legally resident in the UK, you will need an electronic travel authorisation (ETA), your stay must be shorter than six months and could include tourism or visiting family and friends, transit, business, and short term study.
“You do not need to show a paper copy, but it may be helpful to prove the confirmation email for your own records while an ETA grants you permission to travel to the UK, it does not grant you entry. So, you would still need to go through passport control at the border to enter the UK.
“Make sure you show the same passport you used to apply for your ETA and that your passport is valid for the whole of your stay.”
I’m not responsible for insecurity in Imo state — Hope Uzodimma
Imo State Governor Hope Uzodimma defended himself against accusations of contributing to the state’s escalating insecurity, urging those blaming him to clarify their stance. He emphasized his reliance on divine grace, pledging unwavering service to God and humanity.
Uzodimma made these statements during the dedication of St. Rose of Lima Catholic Church Parish in his hometown, Ozuh Omuma, Oru East local government area.
The Bishop of the Catholic Diocese of Orlu, Most Rev Dr. Augustine Ukwuoma, underscored the dedication’s role in fostering peace and curbing violence in the region and other parts of the state.
After the service, Uzodimma expressed gratitude to attendees and maintained that neither he nor his government played a role in the killings in Imo.
Katsina varsity undergraduates murder 21-year-old colleague over female student
He described the insinuation as “evil, devilish and an attempt to smear his image and blackmail” his government.
Uzodimma reiterated that as a governor he needs peace to serve the people and urged those behind the insecurity in the state to have a rethink or be ready to face the wrath of God.
The governor said despite all the accusations and blackmail against his person and his administration, God has proven to be with him because power belongs to God.
In his homily, Bishop Ukwuoma congratulated the governor for building and donating a magnificent worship place of God to the Catholic Church.
The cleric, who said with the dedication of the church it has now become the property of the diocese and the universal church, warned against any infractions in the church.
He appealed to the leaders to lead the people well “because there is a lot of hardship in the country.”
The bishop appealed to the leaders to do everything within their power to prevent the looming strike by Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) because it would not benefit the ordinary citizens but create more problems for them.
Tinubu Academic Records: American Judge Did What Nigerian Judiciary Could Not Do In 23 Years – Atiku’s Aide
Phrank Shaibu, Special Assistant to the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, has said the independence of the United States of America judiciary led to President Bola Tinubu’s ultimate defeat at the Northern District of Illinois court.
Shaibu stated this while reacting to the order by Justice Nancy Maldonado for the Chicago State University to release all of Tinubu’s academic records to Atiku.
Shaibu opined that Tinubu has been trying to evade justice since 1999 when the legendary human rights lawyer, Gani Fawehinmi (SAN), first blew the lid on his certificates scam.
He lamented that rather than deliver justice on the case’s merits, judges had continued to give Tinubu victory based on technicalities, claiming the development had led to over 20 dubious victories.
Shaibu said it was unfortunate that the Nigerian judiciary had failed to live up to expectations as the last hope of the common man.
He said, “Justice Maldonado, who has spent less than one year on the bench and who sat on this case for barely a month, has been able to do what the Nigerian judiciary could not do for 23 years.
“This explains why the Nigerian society is on the brink of slipping into the state of nature, which Thomas Hobbes described as short, brutish, and nasty.”
Husband not magician comments: Garba Shehu tackles Tinubu’s wife - says Buhari brought Nigeria’s economy out of crisis
Garba Shehu, spokesman to former President Muhammadu Buhari, has insisted that his principal brought Nigeria’s economy out of crisis.
Shehu made the remark while dismissing claims that Buhari’s administration threw Nigeria into myriads of problems leading to the current hardship in the country.
In an interview with BBC Hausa Service, Shehu said no past administration found itself in economic hardship like Buhari’s.
He noted that no government in the world can solve all the problems a nation faces.
According to Shehu: “If there were hardships or problems, these should be looked into, to know how they came about.
“No administration in this country found itself in economic issues like Buhari’s because of our dependence on oil and prices, which went down.
“We also had the Coronavirus pandemic. Nations shut their doors, and the economy plummeted. But, Alhamdulillah, Buhari brought the Nigerian economy out of that crisis.”
This came after the First Lady, Remi Tinubu, noted that President Bola Tinubu inherited a damaged economy from Buhari.
She made the remarks in Abuja while speaking at the interdenominational church service to mark Nigeria’s 63rd Independence Anniversary, tagged, “Christ in you, the hope of glory.”
She said the Tinubu administration inherited the situation on the ground but is willing to fix things without putting blame on any administration.
“All we inherited are things that had happened many years ago; we are not here to put blame on any administration but to fix what has been damaged.
“My husband is not a magician; he is going to work and I believe and hope that we will have peace in this country; the best is yet to come to us,” she said.
Those Who Killed Mohbad Will Never “Blow” Like Him – Portable
The murderers of singer MohBad, according to street hip-hop artist Portable, would never experience the same level of fame.
Imole’s death, as the deceased is also known, attracted loud attention on a global scale.
Because of this, in the days that followed his “questionable” death, his musical creations unexpectedly took a positive enormous turn.
Even after his death, tremendous streaming has continued worldwide for all of his tracks, including those that were already out.
Many insist just like his alias ‘Imole’ he continues to shine even in death going by the love and support he’s been shown.
Portable, who also recently released a song, ‘Alimi’ as a tribute to Mohbad, acknowledged the greatness which the late rapper possessed.
He bemoaned the phoney love among those in the music industry citing how the legendary American rapper, 2pac was jointly eliminated by certain individuals that were jealous of gifts and illuminating future.
He said: “Even 2pac did not win a Grammy. They killed him before he could. They joined hands together to kill him because they knew that he was a great artiste. Yet his killers did not ‘blow’ like him.
“All of you that killer Imole, you will never ‘blow’ like him.
“Music industry, full of fake people, fake love. They’ll use you to get themselves to the top.”
The “Zazu” crooner also cautioned people in the habit of jeopardising the success chances of others after attaining theirs.
He added: “When you climb to the to of the ladder, don’t break it because many others need it to climb to the top it.
“Moreso, if the person that used it before you broke it; would you have anything with which to climb on?
“Stop killing our super stars, appreciate them instead.”
[OPINION] The church, character and university education - Etim Etim
I attended the 18th convocation ceremony of Covenant University last Friday. In all, 1, 175 graduates received Bachelor’s degree and 204 got Master’s and Ph.Ds. My son, Emmanuel, graduated top of the class in mechanical engineering. It was the first graduation event that I have attended in decades, and I really looked forward to it. The event was well planned to every detail, commenced and ended on time, lasting just about three hours. There were no government officials to wait for. Such delays irritate me. NUC and other organizations were well represented; parents and relations of the graduating students turned up in their colours. The logistics arrangement was also flawless.
Our private universities have come a long way after the initial public skepticism and they now play significant roles in our tertiary education development. Every year, over two million Nigerians seek admission into tertiary institutions, and due to the inability of government-owned universities to cope with the increasing applications for admissions, the federal government had in 1993 enacted Decree 9 to set strict guidelines for the establishment of private universities. The guidelines entail a 14-step process, starting with submission of application and culminating in approval by the Federal Executive Council. But it was not until 1999 that Babcock University, Ilishan, Ogun State; Igbinedion University, Okada, Edo State and Madonna University, Okija, Anambra State, were licensed as the pioneer universities in the country.
CU came in 2002 and has recorded commendable accomplishments in the last 21 years. Its Vice Chancellor, Prof Abiodun Adebayo announced that in the 2023 Times Higher Education World University and Impact Rankings, Covenant was rated first in Nigeria, first in West Africa and 7th in Africa. It has also won many other awards. CU owes its growth and attainments to good management and its rich sources of funding, which ensure adequate facilities, infrastructures and faculty. It is owned by Bishop David Oyedepo, who owns Living Faith Church, also known as Winners Chapel, one of the riches churches in Africa. The church provides adequate funding and the moral and spiritual undertone to the university. Bishop Oyedepo serves as the provost of the university and Chairman of the Board of Regents, which I presume, is its governing board. CU one of the few faith-based universities in the country, providing sound education and character-building teachings to our children in disciplined and conducive environments. Others are Redeemers University, owned by RCCG and Babcock University, owned by the Seventh-day Adventist Church.
These churches augment the resources of the universities and this helps in moderating the fees they charge. I am grateful to the management of CU for providing such a high-quality learning environment at modest costs to children from of ordinary families. Emmanuel entered CU as a little, shy 17-year-old in 2018, and came out as a mature, confident, well cultivated, self-assured, well behaved, well-spoken and brilliant eagle, as they call their graduates. Throughout the five years, he did not miss a class for a single day, not even for ASUU strike, which assisted in killing the public universities; and there’s never been a single day of electricity outage or water scarcity in the campus. The university generates its own electricity and produces its water supply.
As a young boy, I attended a faith-based secondary school, Lutheran High School, owned by Lutheran Church of Nigeria. Lutheran Church was founded by the German theologian, professor, pastor and church reformer, Martin Luther (1483-1546), after he was excommunicated from the Catholic Church for his radical teachings. My school was established in 1925, one of the first set of secondary schools founded by the missionaries in what is now Akwa Ibom State. Hundreds of other schools across the country origin to the early missionaries and the church. Today, it is customary for many churches and church branches to establish at least a kindergarten school, either in their premises or elsewhere in the same town or village. The roles of the early Christian missionaries and the Christian faith as a whole in the promotion of education is in this country is huge and commendable.
Private universities provide good alternatives to the crisis-ridden public institutions, adding to the available opportunities in highly demanded courses like engineering, medicine, architecture, law, computer science and ICT. Given their comparatively low enrolment figures and staff-student ratio, in addition to the culture of discipline, private universities deliver better teaching and research experience in a more competitive and conducive learning environment, the reason graduates of these institutions do very well in postgraduate studies, with some winning lucrative scholarships. Even employers find them more employable. Just as Emmanuel was rounding off his degree exams, recruiters swamped the campus and interviewed some students. He was hired immediately after by an engineering project management firm. Private universities also help to stem the tide of capital flight as parents who would have sent their kids abroad now have good alternatives at home. It was private universities that introduced entrepreneurship studies into university curriculum in this country. I like the emphasize that faith-based universities place on values, character and morality in their curriculum. CU has a course known as Total Man Concept which teaches everything that builds a wholesome character. Bishop Oyedepo meets with his students regularly to teach ethics, morality and values. In the evening of the convocation day, he met with the graduates for the last time. It is the absence of these values from the fabrics of our society that has rendered Nigeria comatose today. We have become a country whose leaders are morally and ethically deficient. ‘’We cannot make progress if we do not acknowledge that when character is lost all is lost’’, writes Prof. Pat Utomi in a recent essay.
According to Prof Ayodeji Olukoju, former VC of Caleb university, Lagos, private universities are national assets that do not belong exclusively to their owners. ‘’Their counterparts in the leading countries of the world enjoy respect and occupy a pride of place in the comity of universities. Private universities have contributed to deepening and broadening the pool of human capital in Nigeria’’. There are 260 universities in Nigeria. In June, the NUC announced the approval of 37 new private universities by the federal government. Among them is Wigwe University, founded by one of the nation’s most accomplished and respected bankers, Herbert Wigwe. I understand that the plan is to make it the best in the continent, and one of the very best in the world. knowing Herbert as I do, I am convinced that he will pursue this dream with all his might.
Next month, I will be reporting from the convocation grounds of another university, from where another son of man has just graduated, also top of class, but this time, in civil engineering.