The Hon. Justice Simeon Chibuzor Amadi (the incumbent Chief Judge) took his oath of office as the 9th Chief Judge of Rivers State on 26th of May, 2021. The 25th of May, 2023 made him two years in office. This article seeks to evaluate the performance of the Hon. Justice Simeon Chibuzor Amadi, in his capacity as the Chief Judge of Rivers State within the last two years in office as the Chief Judge of Rivers State.
Good governance has now achieved a global dimension. Rivers State of Nigeria can be argued to be the headquarters of good governance in Nigeria within the past eight years. The Government of Governor Ezenwo Nyesom Wike, which will be rounding up on the 29th day of May, 2023, no doubt has remodelled infrastructural good governance and demystified “the second term prophets of doom.” Whether we can safely conclude that this mood of good governance in Rivers State have found profound expression in the Rivers State Judiciary in the past two years in office of the incumbent Chief Judge will depend on evaluation of His Lordship’s judicial policies, from the first to the most recent policy reform framework, through the instrument of subsidiary legislation.
High Court of Rivers State Exemption of Payment of Default Fees Practice Direction, No. 3 of 2021
The strike embarked upon by the Judiciary Staff Union of Nigeria (JUSUN) was called off in Rivers State on the 14th of June, 2021, shortly after the assumption of office of the Chief Judge of Rivers State by the incumbent Chief Judge. In order to ensure access to justice, the High Court of Rivers State Exemption of Payment of Default Fees Practice Direction, No. 3 of 2021, was issued to be effective on the 15th day of June, 2021. This Exemption of Payment of Default Fees Practice Direction is to exempt the payment of default fees (penalty) for processes that were filed within the specified time provided for in Order 44 Rule 4 of the High Court of Rivers (Civil Procedure) Rules 2010, due to the JUSUN strike, and is to apply to both Criminal and Civil Proceedings in the High Court and Magistrates Court in Rivers State. The imperativeness of the proactive step of the incumbent Chief Judge to issue this Practice Direction before the agitation and protest of lawyers and litigants, whose failure or delay in filling their processes during the JUSUN strike is due to no fault of theirs, suffices for mention.
Rivers State Multi-door Court House (RSMDCH)
After several delays, the Rivers State Multi-door Court House (RSMDCH) was finally launched on Thursday 14th October 2021, by the administration of the incumbent Chief Judge. The RSMDCH offers alternative dispute resolution channel to litigations bothering on trade deals and social relationships; and regulates, encourages and strengthens the alternative dispute resolution (ADR) mechanism in Rivers State. The core objectives of the Rivers State Multi-door Courthouse, as provided in Section 2 of the law is to include the enhancement of access to justice by providing alternative mechanism to supplement litigation in the resolution of disputes, minimise frustrations and delay in the justice delivery system by providing a standard legal framework for fair and efficient settlement of disputes through alternative Dispute Resolution (ADR); Serve as the focal point for the promotion of alternative dispute resolution in Rivers state, and promote the growth and effective functioning of justice system through alternative dispute resolution methods. Access to justice is a constitutional right and the core elements of that right include: speedy, efficient, cost effective administration of justice. There is also a Rule signed by the incumbent Chief Judge to regulate procedure in the RSMDCH.
Practice Direction No. 4 of 2021 on Forum Shopping
Forum shopping occurs when a litigant approaches one court but does not get desired relief and then approaches another court to obtain relief in the matter. It is also the practice of filing a suit in a Court where a party is likely to obtain favourable verdict. The Practice Direction No. 4 of 2021, which came into force on 1st December, 2021, is another proactive effort put in place by the incumbent Chief Judge of Rivers State to check forum shopping and abuse of Court process; to this end, a party or counsel on his behalf is to file affidavit of non-multiplicity of actions when commencing a civil action failure of which the suit shall not be accepted for filling and if inadvertently accepted, the party shall pay a prescribed penalty for each day of default. Bail application are also to be filed in the Judicial Division where the offence was alleged to have been committed, for the bail application in the High Court to be accepted for filling and/or heard, it must be filed with an affidavit of non-multiplicity of bail applications and must confirm the fact that there is no ongoing trial against the Applicant before any High Court for the offence or offences for which the Applicant was remanded by the Magistrate. Although, it can be argued that forum shopping in itself is a litigation strategy and ought not to have been prohibited, however, the prohibition of conducts likely to result to abuse of court process in relation to multiplicity of action on the same subject matter amongst the same or similar parties cannot be faulted.
Magistrates’ Courts of Rivers State Practice Directions No.1 of 2022 (MCRSPD 2022)
The resultant effect of the case of Lufadeju v Johnson [2007] 8 NWLR (Pt 1037) 562 is the protracted trial of Criminal cases in Magistrates’ Courts, congestion of criminal cases in Magistrates Courts and congestion of correctional centers (prisons). The practice of holding charge in Rivers which has impacted negatively on human rights was put to stop by the incumbent Chief Judge of Rivers State through the instrumentality of the Magistrates’ Courts of Rivers State Practice Directions No.1 of 2022 (MCRSPD 2022).
The MCRSPD 2022 was made by the 9th Chief Judge of Rivers State, Justice Simeon Chibuzor Amadi, on the 28th day of February, 2022; but commenced on the 10th day of March, 2022, and it is to be applicable in all Magisterial Districts in Rivers State. The objectives and guiding principles of the MCRSPD 2022 are to eliminate delay in criminal cases, curb the issue of congestion of criminal cases in Magistrates’ Courts and congestion of correctional centres in the State, ensure accurate return of criminal cases and give practical effect to the Rivers State Administration of Criminal Justice Law No.7 of 2015.
Launch of Family Court and Family Court Rules 2022
In December 2022, the Family Court and Family Court Rules were formally launched by the Rivers State Judiciary under the leadership of the incumbent Chief Judge. The Family Court establishment is coming about 13 years after the Rivers State House of Assembly first domesticated the Child’s Rights Act in 2009. The essence of child-friendly justice is to re-orientate and rehabilitate the child. The court will also reintegrate; bring relief and redress to the child, and not inflict corporal punishment or hardship on the child, no matter the delinquency. Under this system, the Court is obliged to listen to children, consider their views and ensure their participation and protection in the process, whether as victims, witnesses or offenders. The Family Court functions in Port Harcourt with four jurisdictions; two High Court Judges and two Magistrates. The Rivers State Family Court is the first digitalised in the Country.
Launch of Small Claims Court and Rules 2023.
In February, 2023, the Rivers State Judiciary launched a small claims court in the state. The small claims court would, among others, improve the speed of adjudication for commercial disputes involving financial claims less than five million naira, by introducing self-representation and delivery of judgments within 60 days, among other transformative procedural rules. Affirming his commitment to implementing more innovative reforms, the Chief Judge of Rivers State, Justice Simeon C. Amadi, DSSRS, stated that the establishment of the court is the latest in a host of judicial reforms being implemented by the state. The Rivers State Small Claims Court as a judicial intervention is a means of speedy, inexpensive and user friendly access to justice. The benefits of the Small Claims Court includes but is not limited to quick access to justice; speedy dispensation of justice; effective and efficient case management system; option of self representation or legal representation; relaxation of the Rules of Evidence; and Cost effectiveness.
Criminal Trial Practice Direction No. 1 of 2023
Notwithstanding the above efforts, the incumbent Chief Judge once again issued the Criminal Trial Practice Direction No. 1 of 2023, which came into effect on the 3rd day of April, 2023. The purpose of the instant Practice Direction is to eliminate unnecessary delay in Criminal Trials and Proceedings, occasioned by the filling of improper applications, fast tracking the hearing and determination of criminal cases including offences of Corruption, Money Laundering, all types of Financial Crimes, Rape, Kidnapping, Human Trafficking, Murder, Interlocutory Applications and Incidental Matters; Take all steps in the expeditious disposal and determination of criminal cases to reduce the delay occasioned by interlocutory applications and all other incidental matters aimed at clogging the speedy dispensation of criminal cases; ensure that the conduct of criminal cases is not stalled by unpreparedness of counsel or the parties; ensure timely determination of all criminal cases. It suffices to state that by virtue of the instant Practice Direction, information or charge to be accepted for filling and unfit for prima facie striking out, must be accompanied with an affidavit stating that investigation has been concluded and that in the opinion of the prosecutor, a prima facie case exists against the defendant and that all the witnesses are ready and available to testify, an opening statement containing issues for trial, list of witnesses and exhibits, written statement on oath of witnesses and a plea form. An opening statement containing issues for defence, list of witnesses and exhibits, written statement on oath of witnesses, plea form and notice of objection to confessional statement shall also be filed by the Defendant on receipt of the information or charge.
By this Practice Direction the Court where it is of the opinion that the case lacks merit, shall within 15 days of receipt of the case file, invite parties to address it as to why such case should not be struck out, and the matter may be struck out where the court is not satisfied with the reason given.
High Court of Rivers State (Civil Procedure) Rules 2023
It suffices to state that on the same 3rd day of April, 2023, the Chief Judge of Rivers enacted a new and leading Rules of Court in Nigeria, that is, the High Court of Rivers State (Civil Procedure) Rules 2023. The Rules not only unified the various Practice Directions issued by the previous Chief Judges since the obsolete 2010 Rules came into effect, but also made far reaching innovations that has now made Rivers State to be the leading innovator in legal procedures in Nigeria, a feat previously enjoyed by Lagos State.
The High Court of Rivers State (Civil Procedure) Rules 2023, amongst other innovations, provides for fast track procedures under Order 4, which seeks to reduce time spent on litigation to a period not exceeding 10 months from the beginning of the action to final Judgment in certain cases; Order 5 provides for fast track procedure in respect to revenue matters of the Rivers State Government; by Order 19 Rule 16, it is now expressly stated in the Rules that a Defendant to an Originating Summons has 21 days after service of the originating Summons to file his response. By Order 25 Rule 3, Discountenance of a suit after commencement of hearing is now expressly fatal, as same shall lead to dismissal and may also attract cost; to mention but a few.
In course of this study, it was observed that this is the first time in the history of the Rivers State Judiciary that a Chief Judge will achieve such policy reforms within the first two years in office, to wit: the High Court of Rivers State (Civil Procedure) Rules 2023, Criminal Trail Practice Direction No. 1 of 2023, Launch of Small Claims Court and Rules 2023, launch of family Court and signing of Family Court Rules in December 2022, Magistrates’ Courts of Rivers State Practice Directions No. 1 of 2022 (MCRSPD 2022), Practice Direction No. 4 of 2021 on Forum Shopping, Rivers State Multi-door Court House (RSMDCH) and Rules and High Court of Rivers State Exemption of Payment of Default Fees Practice Direction, No. 3 of 2021, amongst other infrastructural developments and institutional reforms.
One of the main things research shows is that a new and innovative Civil Procedure Rules is on the way for the Magistrates’ Court in Rivers State and may be ready any time soon. Indeed, the last two years in office as the Chief Judge of Rivers State has been that of impactful judicial activism through policy reforms. Like Oliver Twist, stakeholders in the justice sector in Rivers should ask for more.
In view of the foregoing, and shun from all embellishments, we can safely conclude that the mood of good governance in Rivers State have found profound expression in the Rivers State Judiciary, in Hon. Justice Simeon Chibuzor Amadi’s first two years in office as Chief Judge of Rivers State.

By: Setechi Eli