In a judgment that could have far-reaching implications for the administration of justice in Delta State, the High Court in Warri has struck down a controversial provision in the state’s civil justice law.
On Tuesday, July 9, 2024, Justice V.O. Agboje declared section 51(2)(b) of the Delta State Administration of Civil Justice Law (ACJL) 2022 null and void.
The now-nullified section had granted judges the power to summarily commit legal practitioners to prison for contempt if they persistently failed to meet procedural deadlines. The case was brought before the court by Chief Oghenero Okoro and Sylvester G. Ediagbonuvie, Esq., on behalf of the Nigerian Bar Association, Warri Branch. The defendants in the suit were the Governor of Delta State, the Attorney General of Delta State, the Delta State House of Assembly, and the Chief Judge of Delta State.
In her judgment, Justice Agboje described the provision as draconian and offensive, stating that it could create undue apprehension among lawyers and potentially discourage them from taking on cases for fear of being sent to jail. While acknowledging the laudable objectives of the ACJL in promoting efficient case management and speedy resolution of civil matters, the court held that section 51(2)(b) was unfit for a civilized society.
The court, however, dismissed other aspects of the suit that challenged sections 10, 23, 66, and 67 of the ACJL.
The claimants were represented by Ojo Abijogun Esq., Kunle Edun Esq., and Eric Omare Esq. Isaiah Bozimo SAN appeared with Israel Ekpo Esq. for the 1st, 2nd, and 4th defendants, while C.J. Onyenachie Esq. represented the 3rd defendant.