Abstract
This article appraises the legality of the power of the court to invite parties to address it where it is of the opinion that the case as contained in the processes filed lacks merit as provided in the Rivers State Criminal Trial Practice Direction No. 1 of 2023, within the context of the recent Supreme Court decision in the case of Federal Republic of Nigeria v Nnamdi kanu on prima facie case, as well as other human rights implications of the said provision as made by the current Chief Judge of Rivers State. The research methodology adopted is the doctrinal research methodology. This was done by placing reliance on primary and secondary sources of law like the Constitution of the Federal Republic of Nigeria 1999 (as altered), the Rivers State Administration of Criminal Justice Law, No. 7 of 2015, the Rivers State Criminal Trial Practice Direction No. 1 of 2023 and judicial authorities, to mention but a few. It was found amongst other things that the Judex of the Rivers State Judiciary may have difficulty applying the said provision in view of the binding effect of the decision of the Supreme Court of Nigeria, pursuant to section 287 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as altered). The recommendation of this article includes that paragraph 3 (d) of the Rivers State Criminal Trial Practice Direction No. 1 of 2023 should be amended to bring it in line with the provisions of section 309 of the RSACJL 2015 and the Supreme Court decision in the case of Federal Republic of Nigeria vs. Nnamdi kanu in such a way that it shall no longer be in doubt to a reasonable man.
Keywords: Legality, Prima Facie, Criminal, Trial, Rivers State, Practice, Direction.