An Abuja based lawyer, Pius
Danba, Esq., has argued that the Rules of Court can be amended such that upon
affidavit of Court bailiff that a party cannot be found, then an order for substituted
service should be automatically issued.
The lawyer made this statement
in his work, “Simple judicial reforms with amazing results for clients and
lawyers”, which he posted on his Facebook wall on the 3rd of
October, 2021. According to him, justice delivery is very slow in Nigeria; and
that there are few laws and practices to change to free up judicial time and
get cases moving fast and dispute resolved. While talking to clients, he noted
that clients should not be too smart to keep their lawyers out of transaction,
that though the client may know his business, the lawyer knows the laws and
information that will keep the client’s business safe and secured.
“In your business, transactions
and deals get legal forms that collect all necessary information about your
customers, clients, business partners, investors or fund managers. Don't act
too smart to keep your lawyer out of the transaction. There is no doubt that
you know your business but the lawyer knows the laws and information that will
keep your business safe and secured. You never can tell when you will need what
information.
“I have discovered most clients
who consult a lawyer usually do not have all the information that they should
have collected at the time of the transaction. Thus, time is wasted looking or
digging or trying to get what your lawyer would have advised you to get at time
of the transaction. This could be as simple as full address, alternative
address, phone number, email, identification card or banking details. The list
is long. A lawyer will help.”
“Lawyers in Nigeria spent time
on something called motion for substituted service. It is in law and practice
that Court documents must be served personally on parties. Where a party cannot
be found, a lawyer goes to court, files motion for substituted service, apply
for date to hear the motion, goes to court to argue the motion, get the enrol
order before the court documents are served. This can take 2-3 months in High
Courts, 1-2 years in Court of Appeal and even 3-4 years in Supreme Court. Yes,
3-4 years.
“By way of suggested reform, the
Rules of Court can be amended such that upon affidavit of Court bailiff that a
party cannot be found, then an order for substituted service is automatically
issued. This can be done in a day. In alternative, a form can be created to be
filled, upon which the order for substituted service is made automatically.
This can be done in a day like applying for subpoena. This will free up some
time for both lawyers and court to concentrate on contentious issues,” he said.