An Appraisal of the Concept of Accounts and Inquiries Under the Nigerian Adjectival Legal Jurisprudence

Abstract

The topic an appraisal of the concept of accounts and inquiries under the Nigerian Adjectival Legal Jurisprudence examined on comparative basis the provisions of High Court of Lagos State (Civil Procedure) Rules, 2012 on one hand and the Kogi State High Court (Civil Procedure) Rules 2006 vis-a-vis the Rules of the High Court, Hong Kong. The issue of preliminary question as provided by the various rules of High Court stated above was examined especially as it was recently considered in the unreported case in Suit No. AYHC/04/2014 between Ugbede Gabriel Attah & 2ors v. Daniel Akoji Attah & 9 ors delivered on 5/3/2015 by Hon. Justice R. O. Ayoola. The provisions of the Kogi State High Court Rules and Rules of the High Court, Hong Kong on the mode of application by summons and that of Lagos State High Court on mere application and the legal implications thereof was equally examined. The matter of ordering an account and conduct of inquiry as well as giving of Directions which could only be done by the judge under the Kogi State Rules and Rules of High Court, Hong Kong while the judge or a referee or an officer of the court could order for account and give directions under the Lagos State High Court Rules was equally examined. The provision of allowances and the effect of delay in prosecution for an account and the fact of distribution of fund completely absent in Lagos State Rules but applicable under the Kogi State Rules and Rules of High Court, Hong Kong examined. And the recommendation was made for the uniform, procedural Rules since the Nigerian legal system has unique characteristics of training the judges, the legal practitioners as well as those in academia in institutions under the supervision of the National Universities Commission (NUC), having same professional regulatory body, the Council of Legal Education.

Keywords: Appraisal, Accounts, Inquiries, Adjectival and Jurisprudence.