By Sandra Umeh
Lagos – Some Lagos-based lawyers on Friday X-rayed the benefits of front loading of court processes before commencement of both civil and criminal proceedings, saying that the practice has enhanced case management.
The News Agency of Nigeria (NAN) reports that “front loading” of processes is a system introduced by the new rules of Court in 2008, where parties to a suit are required to forward or exchange copies of document they intend to rely on in the cause of trial.
The plaintiff or prosecution is required to forward to the defendant copies of its pleadings, including proofs of evidence, list of witnesses, summary of witnesses statements and all other relevant materials it intends to use in its case.
The respondent or defendant on the hand is also expected to furnish the plaintiff with the same relevant documents.
The Lagos lawyers applauded the process, expressing their thoughts on its impact on the justice system.
A Constitutional lawyer, Mr Ogedi Ogu, said that the system of front loading has greatly improved the spate of justice delivery in recent times, as it has helped to discourage incessant requests for adjournment of cases by counsel.
He said that more than ever, front loading has helped to eliminate the “springing up of surprises” in court, where counsel ambushes the court and opposing counsel with unexpected processes during trial.
According to Ogu, with the introduction of front loading, counsel are now put on notice of the materials relevant to their cases, eliminting episodes of surprises presented by counsel, for which several adjournments may be sought.
He said: “Before the advent of the new rules which has provided for front loading of documents, you find that counsel come to court and rely on certain documents during trial, and this creates surprises for the other party.
“But the essence of front loading is to eliminate such surprises; by so doing, lawyers will be adequately put on notice so as to prepare themselves to defend whatever the opposing party is presenting in court.
“Front loading simply means, putting your document before the court, and serving the same on the other party before the case begins.”
According to Ogu, the process has helped in Justice Administration and it must be sustained.
On his part, a social critic, Chief Malcolm Omirhobo, said that the introduction of front loading to the Nigerian legal system has helped to cure the defects in the old practice of commencement of proceedings in courts.
“The front loading system introduced into the rules of courts throughout Nigeria has cured the problems in the old system of commencement of actions, where the writ of summons were issued to commence proceedings before pleadings were filed at a later date, and the actual evidence revealed only at trial.
“This prolonged the time of proceedings gave room for unseriousness on the part of counsel, as it took long time for parties to join issues, made it difficult for parties to appreciate the case of their adversary, and for the judge to apprehend the issues between the parties,” he said
Omirhibo said that through the front loading system, the new rules of court has now prescribed that parties must fully reveal their respectful cases before trial.
He explained that a plaintiff in a civil suit is expected to file his statement of claim, list of witnesses and their testimony on oath, list of exhibits and copies of exhibits he intends to rely on at trial, as well as a pre-action counseling certificate signed by a counsel to the litigant.
According to him, similar requirements applies to actions commenced by petitions and originating motions, adding that the beauty of the front loading system is that all the front loaded processes will be filed and served together on the adversaries.
“The benefits have enhanced the dispensation of justice as it removes the burden on judges, taking notes in long hands during trial, and enables the court to identify areas of controversy between parties,” he said
He added the practice of front loading has also helped the court in planning and fixing dates for trial, and in some cases, assist judges in referring matters for Alternative Dispute Resolution.