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Lagos A-G appeals against suspension of magistrate court law

By Innocent Anaba

LAGOS — Lagos State Attorney-General and Commissioner for Justice, Supo Sasore, SAN, has appealed against the suspension of the new Magistrate Court Law, 2009 by a Lagos High Court.

Trial judge in the matter at the lower court, Justice Aishat Opesanwo, had in her ruling on the suit challenging the new Magistrate Court Law, 2009, suspended same.

The appeal lodged before the Court of Appeal, Lagos,  counsel to Lagos AG, Chief Charles Uwensuyi-Edosomwan, SAN, is asking the appellate court 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 to re-assign the case to another judge for hearing and determination.

He is contending 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.

The appellant is further arguing that trial judge misdirected herself when she exercise her discretion to suspend, by an interim order, a law validly passed under Section 100 of the Constitution by the Lagos State government and  that the lower court did not exercise its discretion judicially and judiciously and did not weigh the confusing and destabilising effect the orders would have on the administration of justice in Lagos State as it relates to magistrate courts.

The Lagos A-G is also contending in the appeal, that the trial judge erred in law when after suspending the Magistrate Court Law 2009 restored the Magistrate Court Law 2003, which had been repealed by the Lagos State government.

Insisting that the order of the lower court restoring for the time being the Magistrate Court Law 2003 amounted to legislative act which ultra vires the functions and powers of the judge under Section 6 of the constitution, Lagos AG is praying the appellate court to set aside the ruling of the lower court on the application for change of counsel.

The appellant is also arguing that the trial judge misdirected herself when she allegedly misconceived the role of the Attorney-General of Lagos State as the Chief Law Officer but not as the lawyer for the Chief Judge and Justice Opeyemi Oke (4th and 5th respondents respectively).


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