AKWA IBOM STATE HIGH COURT LAW

AKWA IBOM STATE HIGH COURT LAW

CHAPTER 55, LAWS OF AKWA IBOM STATE, NIGERIA

ARRANGEMENT OF SECTIONS

PART I – Constitution of High Court

1.       How High Court to be styled.

2.       Constitution of Court.

3.       Further provision as to tenure of office of Judge.

4.       Powers and Jurisdiction of Judges.

5.       Precedence of Judges.

6.       Seal of Court.

PART II – Jurisdiction and Law

7.       Jurisdiction.

8.       Jurisdiction excluded in certain respects.

9.       Jurisdiction as to interpretation of constitution.

10.     1990 Laws of England in force.

11.     Practice and procedure.

12.     Probate jurisdiction.

13.     Jurisdiction of Magistrate’s Courts concurrent with that of court.

14.     Law and equity to be concurrently administered.

15.     Application of Local Custom

16.     Foreign law or laws and local custom of other States to be decided by judge.

17.     Civil jurisdiction of court.

18.     Judgement of other courts may be pleaded.

19.     Criminal jurisdiction of court where offence only partially committed within jurisdiction.

20.     Injunctions and receivers.

21.     Orders to mandamus, prohibition and certiorari.

22.     Quo warranto.

23.     Prerogative orders against officer of Government

24.     Relief against forfeiture for non-payment of rent.

25.     Reconciliation in civil causes and matters.

26.     Reconciliation in criminal causes.

27.     Appellate jurisdiction

28.     Further appellate jurisdiction.

29.     Powers of court in civil appeals.

30.     Further appeal to Court of Appeal in civil appeals in certain cases.

31.     Appeal by prosecutor.

32.     Powers of court in criminal appeals.

33.     Power of court on appeal against acquittal or dismissal.

34.     Statement of case by High Court.

35.     Execution of instruments by order of court.

PART III -Sitting and Distribution of Business

36.     Divisions of High Court.

37.     Chief Judge to distribute business of court.

38.     Postponement of trial.

39.     Court open at all times for legal business.

40.     Adjournment in absence of Judge.

41.     Power of transfer of cause or matter by Judge.

42.     Power of transfer of Chief Judge.

43.     Power to transfer cause to customary court.

44.     Effect of order of transfer.

45.     No appeal from order of transfer.

PART IV – General Provisions as to Trial and Procedure

46.     Proceedings to be disposed of by single Judge.

47.     Powers of single Judge in court and in chambers.

48.     Notice of evidence and minutes of proceedings to be kept by presiding Judge.

49.     Discharge of orders made in chambers.

50.     Protection of judges and persons executing warrants.

51.     Inspection.

52.     Reference to referee for report.

53.     Reference to arbitrator for trial.

54.     Powers and remuneration of referees and arbitrators.

55.     Courts to have powers as in submissions.

56.     Power to order habeas corpus to issue.

57.     Statement of case pending arbitration.

58.     Power of court to impose terms as to costs.

PART V – Officers of Court

59.     Chief Registrar and other officers.

60.     Probate Registrars.

61.     Duties of Registrars.

62.     Taxing Master.

63.     Negligence or misconduct of officers.

64.     Restriction on officers of court buying property sold at execution.

PART VI – Commissioner of Oaths – Notaries Public

65.     Appointment of Commissioner of Oaths to take evidence.

66.     Protection of Commissioners from action.

67.     Notaries Public to be officers of court.

PART VII – Witnesses

68.     Allowances to witnesses.

69.     Forfeiture for neglecting witness summons.

70.     Persons in court may be required to give evidence though not summoned.

71,     In what cases prisoners may be brought by warrant to give evidence.

72.     Prison officer to produce prisoner.

73.     Right of audience.

PART VIII – Representation of Parties

74.     Representation of State, Government Departments and Local Governments.

75.     Proceedings without authority.

PART X – Rules of Court

76.     Constitution of High Court Rules Committee.

77.     Powers to make rules of court.

PART XI – Miscellaneous Provisions

78.     Construction of reference to laws.

79.     Interpretation.

80.     Short titles.

AKWA IBOM STATE HIGH COURT LAW

CHAPTER 55, LAWS OF AKWA IBOM STATE

A Law relating to the High Court of Akwa Ibom State and for other purposes relating to the administration of justice.

[COMMENCEMENT]                                                         [3rd January, 1955]