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November 29, 2018

Anambra state judiciary reviews civil procedure rules

Anambra state judiciary reviews civil procedure rules

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A two-day Public Summit on the review of Civil Procedure rules for courts in Anambra state has ended in Onitsha with a call on stakeholders in the Justice sector to evolve acceptable rules of proceedings that would ensure the efficient and effective functioning of courts in the area.

Justice Umeadi

The Anambra State Governor, Chief Willie Obiano who made the call while addressing the Summit, said the synergy between the Executive and Judicial arm of government in the state has led to many landmark changes in the system of Justice Administration as well as the working condition of judicial officers in the state.

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The Governor who was represented by the Secretary to the State Government Prof. Solo Chukwulobelu appreciated the Chief Judge, Justice Peter Umeadi for kick-starting the process that has led to a total overhaul of the rules governing Civil Procedure of various Cadres of courts in the area.

Earlier, the State Chief Judge, Justice Peter Umeadi observed that the rules of courts have become obsolete which necessitated the setting up of various review committees to look into them and come up with draft documents that would be subjected to public scrutiny before being adopted as rules of procedure for all Courts in the state.

The rules being reviewed are the High Court Rules (2006), Anambra State Magistrate Court Rules (1991) and the Rules Establishing the Anambra State Multi-Door Court House.

It is the recommendations of the various committees set up to review these laws that the Chief Judge presented to the public during the just concluded summit for appraisal.

According to Justice Umeadi, “the dynamism of the law does not allow its rules of practice to be latent”

He explained that participants at the Summit had the opportunity to make comments and suggestions in areas they do not agree with the recommendations of the Committees, “all of which will be reflected in the final draft that would ultimately become the rules of procedure for courts in Anambra State”.

Participants which cut across all public strata, from the bar, bench, academia, stakeholders and other groups in the state justice system; engaged in robust debate in what seems like a clause-by-clause consideration of the proposed new set rules of Courts.

Some of the key areas that engaged the attention of participants were issues of enhanced court fees, summary trials, granting of adjournments, probate matters, preliminary objections, pre-trial conferences, Alternative Dispute Resolution (ADR) Mechanisms, enforcement of  ADR awards, use of modern technology  in litigation process etc.

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One of the resource persons who is a Senior Advocate of Nigeria, Chief Arthur Obi-Okafor made a strong case for synergy between the regular courts and the multi-door courts, to ensure that judicial officers at various levels are bound to enforce the ADR decisions reached at the Multi-Door Court House.

Chief Obi-Okafor advocated for the inclusion of a clause in the new high court rules that would “empower Judges to enforce the outcome of proceedings of Multi-door court house, insofar as the multi-door court proceedings conform with the acceptable rules of conduct”.

Addressing newsmen at the end of the Summit, the Chairman of the Planning Committee, Justice Ngozi Oyeka assured that all the views expressed by members of the public would be collated and put into a working document that would form part of the new rules for civil proceedings in the state.