New Area Court Civil Procedure Rules to guide procedures in the Area Court system of the judiciary of Kogi State have been signed to replace the old one by the Chief Judge of the state, Hon. Justice Josiah Majebi.
Justice Majebi signed the rules on Friday in his Chambers at the state’s judiciary headquarters in Lokoja, the state capital, after receiving the report of the review of the old one.
The CJ who was visibly elated for a job well done, harped on the need for the judiciary to always work with the dictates of time, saying the reviewed rules were improved upon to bring it in tandem with modern practice.
He added that the reviewers were people of progressive foresight who were determined to be enviable and take leading positions just as he thanked the Judge supervising Area Courts in the state’s Council of Judges, Hon. Justice Moses Gwatana.
“I must confess that this is an important moment in the judiciary of Kogi State. I want to appreciate members of the committee and Justice Gwatana for his purposeful leadership. This proves that Judges supervising Directorates at the High Court are not only committed but are delivering on their mandates.
“l want to also thank you members of the committee because what you have done has relieved us. l don’t know how to describe you, but you are a people of progressive foresight who are determined to be enviable by taking leading positions.
This review has particularly taken care of troubling areas in our existing law. Rules guiding courts must be constantly reviewed to meet up with the realities of time.
“Just yesterday, we had issues relating to court rules at the NJl and we talked about fees and periods of trials which you have already captured here.
“My lord, I thank you and commend you and everyone who has participated because we’re moving with time. Before now, the Area Court is treated as Native Courts whereas they are courts where we have the bulk of our cases and they have wide jurisdictions.
“We thank God that these new rules will reposition our Area Court system as a moving court. It is moving with time, expectations, and developments in technology.
This is enviable because another feather has been added to the cap of Kogi State Judiciary. If we have taken care of the fees, time frame, and adoption of technology at the lower court, we should know what to expect at the level of the High Court” concluded the CJ.
Earlier, Justice Gwatana and the Chairman of the committee, Hon. Badru Abdulghaniy, had separately hinted to the CJ on the ingredients of the review. The essence of the review, according to the former who commended the efforts of members of the committee, was to bring practice in the Area Courts in tandem with prevailing trends by amending the rules which have been in use since 1991.
He added that the committee members were people who were determined to change. He said their main objective was to work within the vision of the CJ for the judiciary and reviewing the rules for the Area Court, which is closer to the people, was in line with the CJ’s mission.
“It is in line with our desire to bring the Area Court system up to date and we think it is right for publication. They gave the draft to Justice Salisu Umar and I to vet before production and we were satisfied”.
In his presentation, Hon. Badru said the new rules would serve the desired purpose as the committee had x-rayed and amended necessary areas in the old rules in response to current demands.
He acknowledged inputs made by Hon. Justices A. S. Hussain, Paul Olupeka, and Bar. Sam Owoyemi before highlighting some of the areas that differentiate the new from the old rules. These are electronic means of service, filing, written addresses, service of court time-bound processes and trials as well as adjustment in fees and fines among others.
On Quorum Direction, the new rules recognize that a quorum of a court is formed even when it reduces to a Judge so long he is a legal practitioner.
The other is that front-loading of evidence and documents at the institution of action applies where parties are represented by Legal Practitioners and service of process whereas the Chief Judge can now appoint or register Law Chambers or courier companies to serve court processes aside from service of court process by electronic means.
Also, applications which include Interlocutory and motion ex-parte are reviewed such that there’s provision for ex-parte application but an order granted abates after 14 days while hearing and determination of a motion shall not be more than 60 days.
The new rule also takes care of third-party procedures and amendment of processes while fees payable have been reviewed upward. They include fees for fund recovery, declaration of title to land, land inspection accordingly.
The presentation of the new rules was climaxed by its signing by the CJ afterward.
Other members of the committee were Hon. Akogwu Daniel Ilani, Hon. Abu Faruna, Hon. Salaudeen Abdulwasiu, Hon. Alao Funke Atinuke, Hon. Kassim Muhammad Kabir, and Hon. Sam Salami who served as Secretary.
