Posted by By OLA AGBAJE on
In order to facilitate speedy trial of cases, the Chief Judge of the Federal High Court, Justice Abullahi Mustapha, has inaugurated a seven-man committee to review the Federal High Court (Civil Procedure) rules 2000.
In order to facilitate speedy trial of cases, the Chief Judge of the Federal High Court, Justice Abullahi Mustapha, has inaugurated a seven-man committee to review the Federal High Court (Civil Procedure) rules 2000.
The committee chaired by Justice O.J. Okeke, also comprises of Justice S.J. Adah, Justice G.K. Olofu, Justice C.M.A. Olatoregun, Justice B.F.M Nyako, Justice A.M. Usman, Justice M.H Shuaibu, Justice A.O. Faji and Justice Kolawole.
Addressing the committee members on their assignment, Justice Mustapha urged them to come up with a free draft of new civil procedure rules for the Federal High Court which would be circulated among the other judges both serving and retired.
The draft which must be produced within 30 days will also be circulated to the Nigerian Bar Association (NBA), the body of Senior Advocates and 'other stakeholders in justice delivery system for their comments, observations, suggestions and inputs."
He urged them to take a study of other rules of court, especially those of Lagos State High Court and the Federal Capital Territory Abuja.
'I plead with you to look into the possibilities of incorporating into the new rules the concept of front loading with proof of evidence, particularly the practice direction issue by the president of the Court of Appeal for the purpose of election tribunals, whereby all petition before the tribunal must be accompanied by a list of all witnesses.
'That practice direction also provides for written statements on oath of the witnesses and copies of every document to be relied upon at the hearing of the petition," he said.
Speaking further, he advised members of the committee to also consider the possibility of incorporating into the draft innovations such as the concepts of pre-third procedure, fast track system and Alternative Dispute Resolution (ADR), taking preliminary objection together with the substantive suit where the substantive suit does not involve the taking of oral evidence, among others.
On the rationale for setting up the committee, Justice Mustapha said: 'Your lordships may wish to recall that the attempt made by my predecessor in office to produce New Federal High Court (Civil Procedure) Rules ended up in a total rejection of the proposed rules."