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In Volume I, we explored the constitutional underpinnings of committal proceedings in Nigeria, revealing, perhaps unsurprisingly to the seasoned practitioner, the doctrinal tensions inherent in a mechanism often characterised as criminal in nature, yet paradoxically set in motion through civil procedures by private litigants. We further examined the ambiguity surrounding prosecutorial authority and the institutional deficiencies that have increasingly undermined the efficacy of committal proceedings as an enforcement tool.
Volume II here brings those findings to ground level, transitioning from theoretical discourse to practical application. It examines the statutory framework under the Sheriffs and Civil Process Act, the procedural significance of Forms 48 and 49, and the often unsettled interplay between the Act and the various Rules of Court across Nigerian jurisdictions. It also brings up decisions from the Supreme Court that seem to have laid this matter to rest, not holistically but to an extent, establishing how constitutionally inadequate the current framework in written law is.
To view original Tope Adebayo article, please click here.
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