By Discuss: Gilbert E. O. Ohaka, Esq., PNM
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INTRODUCTION
This topic is very relevant in our judicial system and long overdue for discussion and implementation. Pre-Trial Conference in our High Courts in Rivers State, has been seen and observed to be redundant and as we discuss today on the way forward regarding easy dispensation of justice, I hope to achieve possible ways that we can apply to give effect to the rules of our courts regarding Pre-Trial Conference. My discuss will be premised on the Rivers State High Court (Civil Procedure) Rule, 2023.
RULES OF THE HIGH COURT OF RIVERS STATE, 2023 – PRE-TRIAL CONFERENCE
Pre-Trial Conference is derived from Order 28 of the Rules of the High Court of Rivers State, 2023 and gives inherent powers accordingly. I will refer you to Order 28 Rule 8, Rule 10 (1), Rule 14, Rule 15, Rule 16 (1) for intricate rules of court that gives effect to Pre-Trial procedures but will dwell on the following Rules that to me are of most importance and if complied with alongside the entire Order 28, will give viable resultant effects to the handling of Pre-Trial Conference in our Courts.
- Order 28 Rule 9 (a) – (o): Provides for areas to which the Judge can take any appropriate action during the Pre-Trial Conference. This creates a unique and regularized pattern of the Judge adopting a method that best dispenses justice on a case by case basis during Pre-Trial. Order 28 Rule 9 (b) also directs on settlement of issues which in other words is known as issues for determination which is normally filed along with the Pre-Trial forms. The filing of issues for determination is very important in Pre-Trial proceedings as it sheds more light on what the core issues are in both the case of the Claimant and the Defendant so that the determination of such issues are more defined and can even serve as issues that will be deliberated at the stage of final written address.
- Order 28 Rule 13 (1) (a) (b): The rule as stated above ought to be read together with this particular rule for better appreciation of Order 28 Rule 9 (a) – (o). This particular Order gives power to the Judge to direct the proceedings of Pre-trial Conference albeit with the understanding of the Legal Practitioners in the matter. This presupposes that the Legal Practitioner ought to come to Court with the understanding that the Judge is in charge of the proceedings and only have to abide by the procedure adopted by the Judge in conducting Pre-Trial Conference. This way proceedings are not stifled because there is that understanding by the Legal Practitioner of the procedure laid down by the Judge in conducting Pre-trial before him.
- Order 12 Rule 1 (a) (b): This Order empowers the Judge to dismiss the case of the Claimant or enter judgment in favour of the Defendant where they are not prepared to go on with the case or non-compliance with the rules of Pre-Trial Conference. This rule if carried out strictly, will give effect to easy and quick dispensation of cases especially in cases that are highly frivolous. Also see Rules 3, 4, 5, 6, 7 that further gives combined effect to the said Order 12 Rule 1 (a) (b).
CHALLENGES
These challenges are observed both at the Bench and the Bar and can be described as follows: –
- Poor Distilling of Issues for Determination by the Legal Practitioner – This tends to occur where in most cases, the Legal Practitioner in today’s fast paced world are so much in a hurry to file his processes before the court and does not have adequate time to raise the main issues from the facts pleaded. He rather develops a blanket issue such as “whether the Claimant is entitled to the reliefs as set out in the statement of claim” and then the Defendant does same thing by replying “whether the Claimant is entitled to his own claim in the light of the facts as set out in the statement of Defence”. This type of issues for determination should be highly discouraged.
I won’t be hasty while discussing this paper to forget a true story back in the day when Hon. Justice B. A. Georgewill struck out a matter I was involved in, where he saw that a matter of jurisdiction was raised in one of the issues for determination I had raised. He immediately asked myself and counsel on the other side to address him on the issue from the facts set out in our pleadings. We did accordingly and he found out that he had no jurisdiction to handle the matter and then he struck out the same thereafter.
So, distilling proper issues for determination is important so that cases are streamlined and there’s a focus and/or direction of what are to be deliberated during trial and at final written address. By adopting this method cases that ought not to proceed on trial can be asked to be settled by referring same to the Multi-door Court House for determination within a specific time frame and then continued in the High Court where the matter could not be determined by the Multi Door Court House.
- Lack of Uniform Compliance with Pre-Trial Rules – The Judges in turn do not have a uniform rule or method used in handling Pre-Trial Conferences. It has been observed that some Judges have a strict policy in complying with the powers given to them by the rules and even go up to the extent of making the parties sit up by awarding costs against a Legal Practitioner seen to flout the procedure or measures adopted by the Judge in carrying out the Pre-Trial Conference. Emphasis should be made on giving uniform effect in applying Order 28 Rule 12 (1) (a) (b) as a measure to deter lack of prosecution or lack of diligent prosecution when observed during the Pre-Trial Conference.
COMPLIANCE ASSESSMENT
If the above challenges are properly dealt with by both parties; in this case, the Bench and the Bar, there will be resultant effect as follows: –
- Quick and easy understanding of the case by the Judge and Legal Practitioners from the issues for determination.
- Frivolous or cases not meant to go to trial can be disposed of or forwarded to the Multidoor Court House for further proceeding.
- Parties become aware of the uniform rules that apply to Pre-Trial Conference in every Court so the Legal Practitioners are most prepared to abide by the rules.
- Dispensation of justice become seamless as all parties will be on the same page while carrying out Pre-Trial Conference.
- Conducting trial will also become easy when issues are clearly defined which helps in discouraging comments like “the sky is the limit in cross examination” instead of the four walls of the pleadings.
RECOMMENDATIONS
I will therefore recommend the following: –
- Judges should insist on the legal Practitioner filing proper issues for determination.
- Ensure uniform strict compliance of the rules amongst Judges.
- Enlightenment of these measures for the Judges and Legal Practitioners through trainings and applying supervisory measures as well.
CONCLUSION
Pre-trial conference is an aspect of judicial proceedings that helps with quick dispensation of justice if properly applied. In applying these measures that will reduce delays in the delivery of justice in our courts, we are implored to be adequate in the respect for rule of law and not to allow the acceptance of sacred “cows” that try to twist the arms of the law during the proceedings of Pre-Trial. But I know very well that our Judges are very far from allowing such approach as I have seen better days and good examples of such acts being set by the Judges on a regular basis for all to see, so as to be deterred.
LAWBREED — Equipping You For Greater Success!
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