The much-anticipated second edition of Basil Momodu’s authoritative text on Modern Civil Procedure in Nigeria is now available.
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This second edition is a timely and valuable contribution to legal practice and scholarship in Nigeria. It comes at a time when civil procedure continues to evolve through new legislation, amendments to existing laws, changes in court rules and increased judicial activism.
In this updated edition, the learned author, Basil Momodu, Esq., brings together relevant statutes, extant rules of court and judicial authorities with remarkable scholarly depth. These materials are carefully woven together to explain concepts, principles and procedures that make up modern civil litigation in Nigeria.
According to the author, the review of the book became necessary because civil procedure is a highly dynamic area of law. Rules of evidence and rules of court, which form the foundation of civil procedure, are constantly changing in response to the demands of justice in a developing society.
While acknowledging that all the changes that have occurred since the first edition may not have been perfectly or completely captured, the author rightly notes that “law review is a continuum.” He adds that future editions will continue to track developments in the law in order to further enrich the work.
The book also draws attention to the instructive observation of Okoro, JCA, in N.E.P.A. v. Auwal (2011) 5 NWLR (Pt. 1241) 571 at 590, where His Lordship advised counsel to always go for the latest editions of books so as not to be left behind, noting that the law is dynamic and changes daily to accommodate the realities of modern society.
This second edition reflects major developments in civil procedure, including the Supreme Court Rules 2024, which introduced significant changes to appellate practice, with the aim of promoting fair dispensation of justice and improving confidence in the judicial process.
Under the new rules, counsel may, in appropriate cases, be personally ordered to pay costs of up to ₦10 million within 90 days for failure to comply with the rules, failing which such counsel may cease to have the right of audience in all superior courts of record in Nigeria.
The work also takes into account the enactment of new laws, amendments to existing laws and the growing influence of judicial activism, all of which continue to reshape civil proceedings before Nigerian courts.
With commendable industry and scholarship, Basil Momodu revises outdated principles, removes positions that are no longer applicable and replaces them with current principles of law, particularly from the Supreme Court. The result is a practical, well-researched and dependable text that speaks directly to the needs of today’s legal community.
The author’s clarity, depth and mastery of the subject make this edition an important resource for legal practitioners, judges, law teachers, law students, researchers and everyone interested in civil litigation practice in Nigeria.
Basil Momodu, Esq. also expresses appreciation to all who assisted in the preparation of the book, especially his wife, Iriagbonse Momodu, and Mrs. Grace Amao for her secretarial assistance.
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