Anambra CJ Releases New Practice Direction, All Courts In The State To Resume On Monday

The Chief Judge of Anambra State, Hon. Justice O. M. Anyachebelu, has released a new Practice Direction on hearing of matters in the state.

The Practice Direction which was made available to TheNigeriaLawyer (TNL) shall apply to both civil and criminal proceedings.

The Practice Direction provides for social distancing and use of masks which is to be strictly adhered to.

Read the full Practice Direction below:

HIGH COURT OF ANAMBRA STATE PUBLIC NOTICE

Notice is hereby given of the Practice Direction No. 2, 2020 issued by His Lordship, Hon. Justice O. M. Anyachebelu, the Chief Judge of Anambra State in the following terms and contents –

” CITATION
1)This Practice Direction may be cited as the High Court of Anambra State Practice No. 2 2020.

COMMENCEMENT
2) This Practice Direction shall take effect from Monday, the 4th day of May, 2020.

APPLICABILITY
3) This Practice Direction shall, save to the extent and as may otherwise be ordered by the Chief Judge of Anambra State, apply to both criminal and civil causes or matters in the High Court, Magistrates’ Court and Customary Court where the said causes or matters are pending.

OBJECTIVE AND GUIDING PRINCIPLE
4)The purpose of this Practice Direction is to regulate the sitting of the Courts of Anambra State in the light of the relaxation of the Stay-at-Home/Lockdown by the Anambra State Government and to ensure that the business of the Courts is conducted in conformity with the extant directives of the Hon, the Chief Justice of Nigeria, and guidelines issued by the Federal/State Governments on containing the COVID-19 pandemic and ensure public safety and health.

DIRECTIONS
5)(A)All the Courts in Anambra State shall resume regular but skeletal sittings with effect from Monday, the 4th day of May, 2020.
Attention shall be focussed on bail applications, remand proceedings, interlocutory motions, Fundamental Rights applications, final addresses, rulings/ judgments, and any other cause or matter considered urgent or time-bound.

(B)The period beginning from Monday, 23rd March, 2020 to Monday, 4th May, 2020 (six weeks), which was the period of the lockdown of the public service of Anambra State, is hereby declared force majeure. This period is excluded for the purpose of COMPUTATION OF TIME for doing any act under the Rules of Court.

(C)The Honourable Judges and Learned Magistrates/Presidents of Customary Courts shall ensure that the rules of PHYSICAL DISTANCING and the wearing of FACE MASKS by counsel, litigants and court staff are strictly observed and enforced in the court premises and courtrooms.

(D)In order to reduce the number of learned counsel in court, in any cause or matter, counsel for the parties are encouraged to appear alone. Where the Rules of the Legal Profession or other exigency make it imperative for counsel to appear with a colleague or junior, then only ONE junior counsel shall be led in the cause or matter.

(E) In view of the current position whereby inmates are not being moved into or out of Correctional Centers (Prisons) except for purposes of releases on bail, in a bid to avoid possible infection of COVID-19 to inmates, hearing in criminal custody matters from the Correctional Centres (Prisons) is suspended until further notice except in exceptional circumstances.

(F) For remand Proceedings, where bail is not granted, the defendants shall be remanded back to the relevant Police Station or Detention Center.

(G) In all cases, (Criminal and Civil) only the parties and their counsel shall be allowed into the Court room, subject to a maximum number of TWENTY (20) PERSONS including the Court officials at each time in the Court room. Where in a particular cause or matter, the number of the parties/litigants is large, the Court may order the parties to move out of the Courtroom leaving only one representative.

(H) The Honourable Judges and Learned Magistrates/Presidents of Customary Court are encouraged to organize their cause list with a view of having/fixing not more than five (5) cases in a day as a way of reducing the number of counsel and litigants in the court. Where it is not practicable to have such few cases in a day then the Court shall promptly indicate the sequence for hearing the cases on the cause list and direct parties and counsel involved in cases of later sequence to be outside the Court room until the earlier cases are finished.

( I)The Honourable Judges and Learned Magistrates/Presidents of Customary Courts should determine the number of staff/clerks working with them in the Court room in order to avoid cluster.

(J) In addition to wearing of face masks, all Court officials are advised to wash their hands with soap and apply hand sanitizers regularly.
Facility for compulsory washing of hands by Learned Counsel and litigants shall be provided at the Courts’ entrances.

(K) The Honourable the Chief Judge may review and/or issue further directives as the exigency of the Corona virus (COVID-19) pandemic warrants or in consequence of any further directives from The Hon. The Chief Justice of Nigeria and/or Federal/State Government of Nigeria.“