Our Litigation Partner, Mr. Munirudeen Liadi, was a Guest Lecturer at the Legal Group Training Session of the Guaranty Trust Bank Plc held in October 2019, where he masterfully delivered a paper titled: “Instituting Matters in Court: Originating Processes and Basic Interlocutory Applications”. In his presentation, Mr. Liadi analyzed the critical nature and forms of originating processes in various Courts. He further elucidated on the salient provisions and relevance of the new Federal High Court Civil Procedure Rules, 2019 and the Lagos State High Court Civil Procedure Rules, 2019 vis-à-vis originating processes.
In the session, Mr. Liadi reiterated the importance of issuing competent originating process, as a bedrock on which the entire suit is anchored; the fundamental nature of service of Court processes on parties as well as the need for Organization to inform their external Counsel as soon as originating court processes are served on them. This is to, amongst other things, forestall the damning consequences that often result from late or none response to Court processes. The discourse also touched on the basic interlocutory applications and its significance in litigation. It was such an insightful session of great value and one that every Organization will find very useful in managing their litigation portfolio. In the course of the lecture, questions and comments based on practical on-the-job challenges were entertained with hands-on tailor-made solutions proffered.
Efficiency and integrity of the legal process in Nigeria
Nigeria is unarguably the largest economy in Africa with an estimated population of about 200 million. The country operates a federal system of government, which allows devolution of power amongst the Federal Government and the 36 federating States. Patterned after the English legal system, Nigerian laws derive majorly from: (i) Nigerian legislation; (ii) received English laws (comprising Common law, equitable principles and Statutes of General application); (iii) Nigerian case laws (judicial precedent); (iv) Nigerian customary laws; (v) Islamic laws; and (vi) international laws and principles. The applicability of English laws and principles is subject to the provisions of Nigerian legislation and courts’ decisions. The Nigerian Court system is centralised with all appeals from State and Federal High Courts going to the Court of Appeal and then to the final Appeal Court being the Nigerian Supreme Court.
In Nigeria, there was a void in the corporate sector due to the absence of a comprehensive legislation in corporate governance regime. However, this absence was mitigated for by sector-specific corporate codes issued by their respective regulators to address this challenge. In order to consolidate the various codes of different sectors and establish a unified corporate governance framework, the Financial Reporting Council of Nigeria (“FRCN”), released the National Code of Corporate Governance 2016. However this was suspended as there were questions relating to its legality and how it may negatively impact the ease of doing business in Nigeria.