***Urges Judiciary to always work with dictates of time
By Friday Idachaba, Lokoja.
CHIEF Judge of Kogi state, Hon. Justice Josiah Majebi has signed a new Area Court Civil Procedure Rules to guide the Area Court system of Judiciary in Kogi.
Justice Majebi signed the body of Rules after receiving the report of the Review Committee review in his Chambers at the state High Court Complex, Judiciary headquarters in Lokoja.
The CJ who was visibly elated for a job well done, said the new rules would replace the old as he harped on the need for the Judiciary to always work with the dictates of time stressing that the old rules were improved upon to conform with modern practice.
He commended the reviewers and the Judge supervising Area Courts in the state’s Council of Judges, Hon. Justice Moses Gwatana describing them as people of progressive foresight.
“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 in order 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 period of trials which you have already captured here.
“My lord, I thank you and commend you and everyone that 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 this new rules will reposition our Area Court system as a moving court. It is moving with time, expectations and developments in technology”, he said.
Speaking earlier, Justice Gwatana and the Chairman of the committee, Hon. Badru Abdulghaniy, in their separate remarks hinted the CJ that the review was to make practice in the Area Courts come in tandem with prevailing trends by amending the rules which have been in use since 1991.
Justice Gwatana added that the committee members were determined for change with the main objective of working within the vision of the CJ for the Judiciary.
Chairman of the Committee, 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.
The new features include 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 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.
With the new Rules, the Chief Judge can now appoint or register Law Chambers or courier companies to serve court processes aside service of court process by electronic means.
The new Rules also made room for applications which include Interlocutory and motion ex-parte, with the provision for ex-parte application where an order granted abates after 14 days while the hearing and determination of a motion shall not be more than 60 days.
The new rule also takes care of
third party procedure 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. (Ends)