Section 112 Matrimonial Causes Act 1970

Section 112 of the Matrimonial Causes Act 1970 is about Rules of court. It provides as follows:

(1) The Chief Justice of Nigeria after consultation with the Chief Judges of the States and the President of the Courts of Appeal therein may make rules for or in relation to the practice and procedure of the courts (including courts of summary jurisdiction) having jurisdiction under this Act, or any of them, and without prejudice to the generality hereof, the rules may-
(a) prescribe matters relating to the costs of proceedings and the assessment or taxation of those costs;

(b) prescribe the court fees to be charged in respect of proceedings under this Act or in relation to declarations, affidavits, instruments, documents, searches or extracts;

(c) authorise a court to refer to an officer of the court for investigation, report and recommendation claims or applications for or relating to the custody of children or maintenance or any other matter before the court;

(d) authorise an officer making an investigation referred to in paragraph (c) of this subsection to take evidence on oath or affirmation and to obtain and receive in evidence a report from a welfare officer, and provide for the summoning of witnesses before an officer making such an investigation for the purpose of giving evidence or producing books and documents;

(e) regulate the procedure of a court upon receiving a report of an officer who has made an investigation referred to in paragraph (c) of this subsection;

(f) authorise an officer of a court to perform and exercise on behalf of the court or otherwise, in relation to proceedings under this Act, functions and powers not involving the exercise of the judicial power of the Federation or of a State and enable the court to review the decision of that officer in relation to the performance or exercise of any function or power;

(g) provide for proceedings in forma pauperis and the remission of court fees in the case of persons authorised to proceed informa pauperis; and

(h) prescribe matters incidental to the matters specified in the preceding paragraphs of this subsection.

(2) Subject to subsection (3) of this section, the power of the appropriate authority under the law of a State to make rules of court in relation to the practice and procedure of courts of summary jurisdiction, the High Court of the State shall extend to the making for that State of rules of court for any matter in respect of which rules may be made under subsection (1) of this section.

(3) Rules made under subsection (2) of this section shall be subject to rules made under subsection (1) of this section; and, if there is any inconsistency between rules made under those subsections, the rules made under subsection (1) of this section shall prevail and the rules made under subsection (2) of this section shall be void to the extent of the inconsistency.

(4) Notwithstanding section 8 or any other provision of this Act, the rules of court for the time being in force in the High Court of Justice in England providing for the practice and procedure of that Court in respect of divorce and matrimonial causes shall, with necessary modifications, apply in Nigeria until such rules are expressly revoked by rules of court made under subsection (1) of this section, which said subsection shall be deemed to include power to make such a revocation.

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