Legal Analysis of the Essential Innovations in the Rivers State High Court (Civil Procedure) Rules, 2023

Introduction

Rivers State is one of the thirty-six States making up the entity called, Nigeria in West Africa region. Rivers State was created on the 27th day of May 1967 pursuant Decree No. 14 promulgated by General Yakubu Gowon.[1] The 1999 Constitution of the Federal Republic of Nigeria also list Rivers State as one of the States of the federation.[2] The same Constitution of the Federal Republic of Nigeria vests adjudicatory powers in the judicial arm of government[3] and by Chapter VII thereof created the judicature.[4] Nigerian Constitution divide the judicature into federal and state courts. Part II of Chapter VII of the Constitution specifically established a High court for each of the States of the federation, including the Federal Capital Territory. The High Court of a state in Nigeria is under the leadership of the Honourable Chief Judge of the particular state.[5] One of the powers exercisable by the Chief Judge of a State in Nigeria is the power to “make rules for regulating the practice and procedure of the High Court of the State”.[6] The power of the Honourable Chief Judge of a State to make rules and regulations is pursuant to section 274 of the 1999 Constitution and the respective laws by the States Houses of Assembly relating to the establishment of High Courts.

 

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