Lawyers React, Differ on the Proposed New Civil Procedure Rules

Lawyers have expressed divergent opinions, on the proposed new Civil Procedure Rules, which according to Lagos State Chief Judge, Hon. Justice Opeyemi Oke, will come into effect January 2019.

While some see it as a welcome development that was long overdue, others simply see the amendment and the new rules, as rules for the Judges, because "they were not being carried along in the review process”.

The Lagos State Chief Judge, had, as part of activities marking the 2018/2019 Legal Year, convened a Stakeholders' Summit, where Lawyers and Judges were briefed on the proposed amendments to the court rules.

Justice Oke, at the Stakeholders' Summit, gave the reasons for the review of the 2012 rules, to be the need for a more effective administration of justice system, and block the loopholes that have become hindrances to the wheels of justice.

She emphasised the need to always review the court rules, to suit socio-economic demands, and for laws in the State to remain sound, active and functional.

The Chairman of the Civil Procedures Rules Review Committee, Justice Kazeem Alogba, also at the Summit, gave an insight into the proposed review already carried out.

Justice Alogba said the essence of the Summit, was to get opinions of the Bar on the proposed working rules, and urged Lawyers to block delay in justice delivery.

He disclosed that, one of reviews expected in the proposed rules is that, any Lawyer who scuttled any trial date will pay a minimum fine of N100,000.00, and N50,000 in the case of an interlocutory application for which a date has been fixed for hearing.

The Review Committee Chairman also stated that, non-compliance with Form 01 on Pre-Action Protocol, will render the process a nullity in addition to 'serious punishment'.

Reacting to the soon to be implemented rules, the Chairman of the Nigerian Bar Association (NBA) Ikeja Branch, Mr. Dele Oloke, described the proposed rules as a tall and overambitious paper, which is unknown to the Bar.

He said the issue of default fees and other penalties proposed in the new rules does not even arise, because the proposed new rules is not known to the Bar.

“This is the first time that, the Chief Judge of a State will propose a rule without contribution from the Bar. And to that extent, the proposal as it were, is alien to the Bar, who incidentally, are supposed to drive its implementation. Judiciary is not about the Bench, and don’t forget that the Bench were once members of the Bar before they were appointed. In fact, they were recommended. And to that extent, if the Bench is contentious of the Bar, I can assure you that, the Bar will retaliate.

“This is not a timid Bar. I do not see why a Chief Judge of the State will propose amendment to the High Court Civil Procedure Rules that will be used to move the operations of court law and justice, and there was no single member of the Bar on the review panel. As I speak with you now on behalf of 6,500 members of the NBA Ikeja Branch, we officially requested for a copy whether soft or hard, of the proposed rules from the Chairman of the Rules Committee, and I can tell you regrettably that, up till now, a copy has not been furnished to us. We have not been able to give what I can call informed suggestions, to the proposal as done by the Bench. And so, to that extent, I think the rules proposal for the 2018 Civil Procedure Rules in Lagos State, is a document that is known to the Bench, and not known to the Bar.

“All the assumptions that the problems of the Judiciary has emanated from the Bar, with utmost respect to the Chief Judge, is regrettably misplaced and unjustifiable. It is worthless, to say the least. Nobody can stay in the comfort of his house and say Lawyers are the problem and impediment to Judiciary, in Lagos State or any State for that matter. The Judiciary, as it were, is between the Bench, the Bar and the litigating public.

“I think that proposal is a tall and overambitious paper, it’s unknown to the Bar, we don’t even know the contents. It’s only known to the Chief Judge of Lagos State, and I think she alone will operate it. We are waiting to see whether or not a copy will be sent, as we have demanded. If for instance, a copy is not made available to us to make our informed suggestions on how to go about it, we will not implement it. And I’m speaking on behalf of 6,500 members of the NBA Ikeja, and I think ditto for Lagos Branch, who are also more than 10,000 members.”