Court Affirms Area Courts in FCT as Lacking Criminal Jurisdiction

A High Court of the Federal Capital Territory, FCT, Abuja has upheld its earlier decision on the supposed criminal jurisdiction of the FCT Area Courts to the effect that the Area Courts in FCT lack jurisdiction to entertain criminal cases.

This was contained in the decision handed down by the Hon. Justice Modupe Osho-Adebiyi sitting at Gudu, Abuja. The case was initiated by an Abuja based legal luminary and Citizens’ Rights Crusader, Dauda Ajadosu, Esq, of Counsel to the applicants (Dauda Ajadosu and Co. Chambers) on behalf of the Applicants, Adamu Abdullahi and Baba Seidu.

While commenting on the spirit of justice exuded by the presiding judge and her unimpeded erudition, Mr Ajadosu remarked that what the Hon. Judge did was in the best interest of justice, he commended the Judge for her decision to oil the wheel of justice as seen through her courageous decision despite the fact that another Judge was among the respondents. ”This is one of our most recently celebrated cases; it’s a decision in line with the law and victory for justice”, Ajadosu remarked.

 The facts of the case are that the Applicants were Defendants in a criminal case before the trial court at the Grade 1 Area Court, Mpape, Abuja while the 1st and 2nd Respondents are Complainants in the said case, the 3rd Respondent was the Presiding Judge at the said Grade 1 Area Court. The complaint of the 1^st and 2^nd Respondents in the trial case against 1^st – 2^nd Applicants was for a charge to be brought against the Applicants in respect of offences of joint Acts and Theft Contrary to Sections 79 & 287 of the Penal Code Law respectively. 

The Applicants’ counsel, Dauda Ajadosu, Esq raised preliminary objection that the trial court does not have jurisdiction to try the case being purely a criminal matter. Despite the submissions of Counsel to the Applicants, that the case of the Respondents at the trial Court was SOLELY for criminal relief that Grade 1 Area Court should charge them on the First Information Report (F.I.R) before the court; in his contentious ruling on jurisdiction, the presiding Area Court Judge dismissed the application and assumed jurisdiction over the case. Hence, the instant suit filed before the High Court of FCT inviting the High Court to exercise its power of judicial review by issuing an order of certiorari quashing the decision of the Area Court Judge.

In her 14-page well considered ruling on the case, the Hon. Justice Osho-Adebiyi held that the FCT Area Court Act, 2010 repealed the Area Court Act, Cap 477 Laws of the FCT, 2006. She particularly held that “from the provision of Section 13 of Part 3 of the FCT Area Court Act, 2010, there is nowhere in the Act where criminal jurisdiction of the Area Court was mentioned. Rather what the Act states is simply the civil jurisdiction of the Area Courts”. Exercising its power of judicial review over the decision of the Area Court, the Hon. Judge stated that: 

“It is not only unethical but also dishonourable for a Court to assume jurisdiction over a matter which it clearly lacks jurisdiction. This practice of the Area Courts by the Area Courts of the Federal Capital Territory is liable to cause chaos and disenchantment amongst the citizenry and this goes against the doctrine of refined and civilized justice expected of the Area Courts”.

See full judgment here

Download Adamu Abdullahi & or. v. Commissioner of Police & 2 ors.