The NBA Garki Branch Abuja has made a far reaching 20 paragraph proposals to the Committee for the Review of the FCT High Court (Civil Procedure) Rules. The proposals presented by the Chairman of NBA Garki Branch Abuja Obioma Ezenwobodo to the Secretary of the Committee., contains, amongst other proposals, the following highlights :
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1. Order 2 Rule 2 of the extant Rules should be amended to allow parties to apply for a matter filed under writ of summons to be decided based solely on written processes and documentary evidence without any need for oral trial.
2. All matters relating to political matters wrongly commenced in the High Court of the FCT may be transferred to the state having the territorial jurisdiction by the Chief Judge of the FCT.
3. Amendments relating to typographical errors, minor or non-contentious issues may be Mande through oral application.
4. Provisions on Alternative Dispute Resolution proceedings should include referring ADR suitable cases to the Abuja Multi-Door Courthouse or any other ADR mechanism.
5. Indolence in prosecution of cases should be severally penalized by the cases being struck out or payments of heavy penalties.
6. Visual/Remote hearing should be pro sided for by the rules and all counsel and litigants must provide their active email addresses and phone numbers (including WhatsApp numbers) in all processes as communications shall be through electronic channels.
7. Failure to file written addresses by parties or their counsel within the statutory period amounts to automatic foreclosure and application to set aside the foreclosure shall attract a penalty.
8. Where a Judge that delivered a judgment or ruling cannot personally sign the enrolled order as a result of death, retirement, elevation or such other reasons making it impossible for such a Judge to sign the drawn-up order, the Chief Judge shall sign the judgment or order in the absence of the Judge that delivered it.
9. Judges should have discretion to remit a 10 million naira or less claim case (irrespective of the general damages) to the Chief Judge who may cause the case to be transferred to a magistrate court within jurisdiction for trial.
10. Every application shall have grounds in addition to stating under what rule of court or law the application is being brought.
11. The time for filing processes at the court registry shall be extended to 5:00pm.
12. A new provision with regards to service on a company should be included to serve by substituted means, especially when the company has relocated to unknown place and a change of address has not been effected at the Corporate Affairs Commission.
13. In matters starting de novo, it should be mandated for parties involved to have a pretrial conference where: such issues like out of court settlement, review of documentary evidence tendered could be sorted out; fresh issues could be raised where a matter is commenced de novo upon leave of the court; timeline should be given to matters starting de novo and where previous witnesses who have testified cannot be recalled, application can be made to rely on the previous testimony already given at the previous hearing.
Members of the NBA Garki Branch Abuja Committee on the Review of the FCT High Court Civil Procedures Rules 2018 are:
1. Agabidu Jideani- Chairman
2. Lawrence Ojo-Gabriel – Branch Vice Chairman/Secretary
3. Isidore Udenko – Memeber
3. Amedu Francis – Member
4. Kingsley Osinubi – Member
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