Lagos lawyer and mediation advocate, Mr
Valentino Buoro,
A legal practitioner ,Valentino Buoro, has given an expository
review of the much expected High Court of Lagos State (CIVIL
PROCEDURE) Rules, 2019, launched on Monday by the Lagos State Chief
Judge, Hon Justice Opeyemi Oke at the Conference Room of the High
Court of Lagos State in Ikeja.
Mr. Buoro, in his review highlighted some of the reforms of the
amended Rules, and why lawyers must get themselves familiarized
with its provision for a smooth and successful practice in
Nigeria’s busiest jurisdiction, Lagos State. According to him,
though not expressly stated, the new Rules in some manner provides
for mandatory alternative dispute resolution processes for all
actions to be instituted at the Lagos High Courts. He also added
that the new Rules is accompanied by two additional booklets.
“The new Rules contain some fundamental reforms which obviously
demand that legal practitioners acquire skills in alternative
dispute resolution, if they are to remain relevant to the needs of
their clients. Though not expressly stated, the new Rules in some
manner provides for mandatory alternative dispute resolution
processes for all actions to be instituted at the Lagos High
Courts.
“To underscore this new face of legal practice within the
jurisdiction, the 2019 Civil Procedure Rules (CPR) is accompanied
by two additional booklets entitled ‘Expeditious Disposal of Civil
Cases: Practice Direction No1 of 2019’ and ‘Expeditious Disposal of
Civil Cases: Practice Direction No 2 of 2019’”, the review
reads.
Mr. Buoro also spoke on the Practice Direction No 2 which deals
on PRE-ACTION PROTOCOL. According to him, in its Preamble, the
32-page Practice Direction No 2 states expressly that Pre-Action
Protocols explain the conduct and sets out the steps required of
parties prior to the commencement of proceedings to which the High
Court of Lagos State (Civil Procedure) Rules apply, adding that the
practice direction provides that prior to the commencement of
proceedings, the court will expect parties to have engaged in
pre-trial correspondence sufficient to understand each other’s
position, try to settle issues or consider a form of alternative
dispute resolution to assist with the settlement.
Speaking further, he added that the Claimant is expected to
forward to the respondent a memorandum of claim setting out concise
details of his claims and the basis upon which the claim is made,
adding that he is to itemize the reliefs and remedies sought as
well as include a proposal for the settlement of the dispute
through ADR mechanisms such as negotiation, mediation, arbitration
or Mediation-Arbitration (Med-Arb)
He also added that there are express sanctions for litigants who
do not comply with some of the provisions in the protocol,
stressing that there really seem to be no hiding place for lawyers
who run away from ADR.
“There are express sanctions for litigants who have: not
complied with provisions of the protocol; not acted within the time
limit set out in a relevant protocol or unreasonably refused to use
a form of ADR or failed to respond at all to an invitation to do
so. Where the pre-action protocol has not been complied with by the
Claimant, originating processes with supporting documents shall not
be accepted for filing at the registry. That means a lawsuit cannot
be commenced.
“On the other hand, where a Respondent fail to file a response
as required by the protocol or unreasonably refuses an invitation
to ADR, the Claimant may proceed to litigation by filing the
required processes and accompanying same with a spiral bound
pre-action protocol bundle which contains all pre-action
correspondence and obtain judgement against the respondent etc. All
of these and more interesting details if you obtain a copy of the
CPR, means there is no more hiding away from ADR if you must
practice as a litigation lawyer in Lagos State,” he added.
President Muhammadu Buhari
Buhari Reaffirms Commitment to Peaceful, Free, Fair
Elections
The
Federal Government has restated its commitment to ensuring free,
fair and safe elections. The Honourable Minister of Interior, Lt
Gen (rtd) Abdulrahman Bello Dambazau disclosed this today in his
office in Abuja.
According
to him, “President Muhammadu Buhari is committed to free and fair
elections in 2019 and this can only be possible if politicians give
peace a chance by avoiding all forms of political thuggery and
violence in their struggle to get elected”.
Gen.
Dambazau pointed out that, security agencies have been directed to
ensure adequate security of lives and property before, during, and
even after the General Elections in line with the policy direction
of President Muhammadu Buhari’s Administration.
He re-iterated that “it is prohibited for anyone to
possess any type of weapon (s) during rallies or elections, the
violation of which will attract arrest and possible prosecution.
The Nigeria Police has been directed to ensure enforcement of law
and order during such events”.
He
therefore advised youth in the country not to allow themselves to
be used by desperate politicians who want power at all cost and may
influence them into political violence over little gratification,
at the detriment of their lives and future.
The
Minister commended security agencies in the country for their
efforts at curtailing insurgency in the North East and all other
forms of criminalities, while further assuring Nigerians of
adequate security visibility to neutralise all forms of security
threats that may occur, before, during and even after the general
elections.
General
Dambazau therefore urged Nigerians to remain calm and go about
their legitimate businesses as they await the peaceful, free and
fair elections.
SIGNED
Mohammed
Manga
Director
(Press & Public Relations)
For: Honourable Minister