BY ABDULWAHAB ABDALLAH, BATHOLOMEW MADUKWE & KEHINDE OLASANMI
LAGOS- Chief Judge of Lagos State, Justice Inumidun Akande, Wednesday, said the need for independence of the judiciary and restoration of public confidence in the courts to deliver quality judgment made her initiated steps to amend the state High Court Civil Procedure Rules.

Justice Akande added that states judiciary have been at the mercy of state Houses of Assembly, another arm of government in formulating rules guiding the affairs of the court over the years by virtues of Section 89 (1) of the old High Court Rules, adding that the law was in conflict with Section 274 of the 1999 Constitution, which guaranteed the independence of the judiciary.

Presenting the draft copy of the law to  stakeholders in Lagos, she said, “it became imperative to expunge all ambiguities, ease congestion of cases in court, facilitate total justice delivery to restore public confidence in our judicial system.

“Being the working tools of Judges in the High Court of Lagos State, especially in the performance of their adjudicative functions in civil matters, the review by the state judiciary no doubt was appropriate and consistent with the provision of Section 274 of the 1999 constitution,” she said.

She explained that for the law to become functioning, “there was need to remove the clog that proved formidable in legal backing to the review High Court Rules, noting that “The amendment of Section 89 (1) of the High Court Law 2004 was imperative as it was inconsistent with the provision of Section 274 of the 1999 constitution.”

“This in my view is a breach of the relevant provision of Section 274 of the 1999 constitution. The said Section, ‘practice and procedure – 274, subject to the provision of any law made by the House of Assembly of a state, the Chief judge of a state may make rules for regulating the practice and procedure of the high court of the state,” the Chief Judge explained.