A Critical Appraisal of the Innovations in the Federal High Court (Civil Procedure) Rules, 2019

Abstract

Civil Procedure Rules can be said to represent a body of rules that provide for the requirements, procedures, standards and conditions necessary and binding on relevant parties, institution or authority engaged in the prosecution of a civil case. Civil procedure rules most times transcend litigation and cover other civil matters such as probate practice. For instance, Order 61 of the High Court of Lagos State (Civil Procedure) Rules 2019 made expansive provisions for probate and administration. It is in recognition of the importance of civil procedure rules and the need to keep it up to date with international best practices and the demands and realities of the present day society that the Federal High Court (Civil Procedure) Rules 2019 (new Rules), was launched on Friday July 5, 2019. The new Rules took effect from May 10, 2019, and replaced the erstwhile 2009 Rules (old Rules). The 2019 Rules seek to tackle delay in justice delivery with the aim of introducing innovations in line with best practices. Some of the innovations are very commendable. In light of the above, this article seeks to identify the important/novel provisions in the new Rules and highlight the issues which may likely affect its practical application. Also the legality of some of these provisions will be examined to come up with ideas to ease its use in civil litigation practice and the justice system.