The Chief Judge of Anambra State, Hon. Justice O. M.
Anyachebelu, has released a new Practice Direction on hearing of
matters in the state.
The Practice Direction which was made available to
Nairalaw (TNL) shall apply to both civil and criminal
proceedings.
The Practice Direction provides for social distancing and use of
masks which is to be strictly adhered to.
Read the full Practice Direction below:
HIGH COURT OF ANAMBRA STATE PRACTICE DIRECTION
2020
In exercise of the powers conferred on me by Section 274 of the
Constitution of the Federal Republic of Nigeria 1999 (as amended);
Order 45 Rules 1(a) & 2 and Order 46 Rule 11 of the High Court of
Anambra State (Civil Procedure) Rules 2019; Section 467 of the
Administration of Criminal Justice Law, 2010 and by virtue of all
other powers enabling me in that behalf, I, THE HONOURABLE JUSTICE
O. M. ANYACHEBELU, CHIEF JUDGE OF ANAMBRA STATE, hereby issue the
following Practice Direction for the High Court, Magistrate Court
and Customary Court of Anambra State of Nigeria:
Commencement
1. This Practice Direction shall take effect from Monday, the 4th
day of May, 2020.
Applicability
2. This Practice Direction shall, save to the extent and as may
otherwise be ordered by the Chief Judge of Anambra State, apply to
both criminal and civil cases or matters in the High Court,
Magistrates’ Court, and Customary Court where the said causes or
matters are pending.
Objective and Guiding Principle
3. The purpose of this Practice Direction is to regulate the
sitting of the Courts of Anambra State in the light of the
relaxation of the Stay-at-Home/Lockdown by the Anambra State
Government and to ensure that the business of the Courts is
conducted in conformity with the extant directives and rules issued
by the Anambra State Government on containing the COVID-19 pandemic
and ensure public safety and health.
Directions
4. All the Courts in Anambra State shall resume regular sitting
with effect from Monday, the 4th day of May, 2020.
5. The period beginning from Monday, 23rd March, 2020 to Monday,
4th May, 2020 (six weeks), which was the period of the lockdown of
the public service of Anambra State, is hereby declared force
majeure. This period is excluded for the purpose of COMPUTATION OF
TIME for doing any act under the Rules of Court.
6. The Honourable Judges and Learned Magistrates/Presidents of
Customary Courts shall ensure that the rules of PHYSICAL DISTANCING
and the wearing of FACE MASKS by counsel, litigants and court staff
are strictly observed and enforced in the court premises and
courtrooms.
7. In order to reduce the number of learned counsel in court, in
any cause or matter, counsel for the parties are encouraged to
appear alone. Where the Rules of the Legal Profession or other
exigency make it imperative for counsel to appear with a colleague
or junior, then only ONE junior counsel shall be led in the cause
or matter.
8. Hearing in criminal matters where the defendant is produced
from the custody of the Correctional Centers (Prisons) is suspended
except in exceptional circumstances.
Only applications for remand or bail and over night cases shall be
entertained and heard by the Court. This is to avoid a situation
where the traffic in and out of the Correctional Centers may be a
source of infection of COVID-19 to inmates.
9. In all cases, (Criminal and Civil) only the parties and their
counsel shall be allowed into the Court room, subject to a maximum
number of TWENTY (20) PERSONS including the Court officials at each
time in the Court room. Where in a particular cause or matter, the
number of the parties/litigants is large, the Court may order the
parties to move out of the Courtroom leaving only one
representative.
10. The Honourable Judges and Learned Magistrates/Presidents of
Customary Court are encouraged to organize their cause list with a
view of having/fixing not more than five (5) cases in a day as a
way of reducing the number of counsel and litigants in the court.
Where it is not practicable to have such few cases in a day then
the Court shall promptly indicate the sequence for hearing the
cases on the cause list and direct parties and counsel involved in
cases of later sequence to be outside the Court room until the
earlier cases are finished.
11. The Honourable Judges and Learned Magistrates/Presidents of
Customary Courts should determine the number of staff/clerks
working with them in the Courtroom in order to avoid cluster.
12. In addition to wearing of face masks, all Court officials
are advised to wash their hands with soap and apply hand sanitizers
regularly.
13. The Honourable the Chief Judge may review and/or issue
further directives as the exigency of the Corona virus (COVID-19)
pandemic warrants.
The Chief Judge of Anambra State, Hon. Justice O. M.
Anyachebelu, has released a new Practice Direction on hearing of
matters in the state.
The Practice Direction which was made available to
Nairalaw (TNL) shall apply to both civil and criminal
proceedings.
The Practice Direction provides for social distancing and use of
masks which is to be strictly adhered to.
Read the full Practice Direction below:
HIGH COURT OF ANAMBRA STATE PRACTICE DIRECTION
2020
In exercise of the powers conferred on me by Section 274 of the
Constitution of the Federal Republic of Nigeria 1999 (as amended);
Order 45 Rules 1(a) & 2 and Order 46 Rule 11 of the High Court of
Anambra State (Civil Procedure) Rules 2019; Section 467 of the
Administration of Criminal Justice Law, 2010 and by virtue of all
other powers enabling me in that behalf, I, THE HONOURABLE JUSTICE
O. M. ANYACHEBELU, CHIEF JUDGE OF ANAMBRA STATE, hereby issue the
following Practice Direction for the High Court, Magistrate Court
and Customary Court of Anambra State of Nigeria:
Commencement
1. This Practice Direction shall take effect from Monday, the 4th
day of May, 2020.
Applicability
2. This Practice Direction shall, save to the extent and as may
otherwise be ordered by the Chief Judge of Anambra State, apply to
both criminal and civil cases or matters in the High Court,
Magistrates’ Court, and Customary Court where the said causes or
matters are pending.
Objective and Guiding Principle
3. The purpose of this Practice Direction is to regulate the
sitting of the Courts of Anambra State in the light of the
relaxation of the Stay-at-Home/Lockdown by the Anambra State
Government and to ensure that the business of the Courts is
conducted in conformity with the extant directives and rules issued
by the Anambra State Government on containing the COVID-19 pandemic
and ensure public safety and health.
Directions
4. All the Courts in Anambra State shall resume regular sitting
with effect from Monday, the 4th day of May, 2020.
5. The period beginning from Monday, 23rd March, 2020 to Monday,
4th May, 2020 (six weeks), which was the period of the lockdown of
the public service of Anambra State, is hereby declared force
majeure. This period is excluded for the purpose of COMPUTATION OF
TIME for doing any act under the Rules of Court.
6. The Honourable Judges and Learned Magistrates/Presidents of
Customary Courts shall ensure that the rules of PHYSICAL DISTANCING
and the wearing of FACE MASKS by counsel, litigants and court staff
are strictly observed and enforced in the court premises and
courtrooms.
7. In order to reduce the number of learned counsel in court, in
any cause or matter, counsel for the parties are encouraged to
appear alone. Where the Rules of the Legal Profession or other
exigency make it imperative for counsel to appear with a colleague
or junior, then only ONE junior counsel shall be led in the cause
or matter.
8. Hearing in criminal matters where the defendant is produced
from the custody of the Correctional Centers (Prisons) is suspended
except in exceptional circumstances.
Only applications for remand or bail and over night cases shall be
entertained and heard by the Court. This is to avoid a situation
where the traffic in and out of the Correctional Centers may be a
source of infection of COVID-19 to inmates.
9. In all cases, (Criminal and Civil) only the parties and their
counsel shall be allowed into the Court room, subject to a maximum
number of TWENTY (20) PERSONS including the Court officials at each
time in the Court room. Where in a particular cause or matter, the
number of the parties/litigants is large, the Court may order the
parties to move out of the Courtroom leaving only one
representative.
10. The Honourable Judges and Learned Magistrates/Presidents of
Customary Court are encouraged to organize their cause list with a
view of having/fixing not more than five (5) cases in a day as a
way of reducing the number of counsel and litigants in the court.
Where it is not practicable to have such few cases in a day then
the Court shall promptly indicate the sequence for hearing the
cases on the cause list and direct parties and counsel involved in
cases of later sequence to be outside the Court room until the
earlier cases are finished.
11. The Honourable Judges and Learned Magistrates/Presidents of
Customary Courts should determine the number of staff/clerks
working with them in the Courtroom in order to avoid cluster.
12. In addition to wearing of face masks, all Court officials
are advised to wash their hands with soap and apply hand sanitizers
regularly.
13. The Honourable the Chief Judge may review and/or issue
further directives as the exigency of the Corona virus (COVID-19)
pandemic warrants.