A new draft of the reviewed High Court of Lagos
State Civil Procedure Rules 2004 was on Wednesday presented to the
public as part of the ceremony marking the beginning of a new legal year
in the state.
The High Court Civil Procedure Rules governs the proceedings of non-criminal matters, including probate (family) cases in the state.
In her remark at the event, Chief Judge of Lagos State, Justice Inumidun Akande, said there was the need to clear the hindrance to giving legal backing to the draft rules.
Akande, who advocated for stronger adherence to constitutional provision of separation of powers for achieving independence of the judiciary, said the draft when ready would be signed by her and no longer by the legislature.
According to her, Section 89(1) of the current High Court Law 2004, which gives power to the House of Assembly to make rules of practice and procedure for the High Court, needed to be amended first.
She said the provision was against the principle of separation of power guaranteed by Section 274 of the 1999 Constitution.
Justice Akande explained that the CJ, being the head of the court in the state, ought to make and sign rules relating to the court according to provision of Section Section 274 of the 1999 Constitution.
By Ade Adesomoju Courtesy Of: Punch
The High Court Civil Procedure Rules governs the proceedings of non-criminal matters, including probate (family) cases in the state.
In her remark at the event, Chief Judge of Lagos State, Justice Inumidun Akande, said there was the need to clear the hindrance to giving legal backing to the draft rules.
Akande, who advocated for stronger adherence to constitutional provision of separation of powers for achieving independence of the judiciary, said the draft when ready would be signed by her and no longer by the legislature.
According to her, Section 89(1) of the current High Court Law 2004, which gives power to the House of Assembly to make rules of practice and procedure for the High Court, needed to be amended first.
She said the provision was against the principle of separation of power guaranteed by Section 274 of the 1999 Constitution.
Justice Akande explained that the CJ, being the head of the court in the state, ought to make and sign rules relating to the court according to provision of Section Section 274 of the 1999 Constitution.
By Ade Adesomoju Courtesy Of: Punch
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