Home VOL. 7 (2021) The Constitutionality or otherwise of Delimitting Amendment to Pleadings under the High...

The Constitutionality or otherwise of Delimitting Amendment to Pleadings under the High Court of Delta State (Civil Procedure) Rules 2009

219

Abstract

This article critically examines the provisions of Order 24 Rule 1 of the High Court (Civil Procedure) Rules 2009 of Delta State which allows a party to a suit to amend his originating process and pleadings at any time before the close of pre-trial conference and not more than twice during the trial before the close of the case. It argues that the provisions inhibit fair hearing and offends the provisions of section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act. It argues that the provisions on amendment in the High Court Civil Procedure Rules of Bayelsa, Edo and Rivers State meet the purpose and intendment of amendment in this regard and do not inhibit the right to fair hearing.

Authors: Prof. O. K. Edu, A. M. Akatugba, P. J. Giame Bokolo