CROSS RIVER – LAW REPORTING COUNCIL LAW
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CROSS RIVER STATE LAWS
CHAPTER L8
LAW REPORTING COUNCIL LAW
ARRANGEMENT OF SECTIONS
SECTION
- Establishment of Law Reporting Council.
- Composition of the Council.
- Tenure of Office.
- Cessation of membership.
- Remuneration.
- Functions.
- Proceeding of the Council.
- Appointment and discipline of the staff of the Council.
- Appointment of editor and deputy editor of the Council.
- Secretary to the Council.
- Funds of the Council.
- Rules.
- Law reports to be the official report.
- Interpretation.
- Citation.
CHAPTER L8
LAW REPORTING COUNCIL LAW
A Law to establish a Council for Law Reporting.
(1st December, 1981)
[Commencement]
- Establishment of Law Reporting Council
(1) There is hereby established a body to be known as the Law Reporting Council (in this Law referred to as “the Council”).
(2) The Council shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name.
- Composition of the Council
The Council shall consist of the following members, namely—
(a) a full time Chairman who shall be a Legal Practitioner of not less than ten years experience or a retired High Court Judge;
(b) deputy chairman who shall be the Solicitor-General and Permanent Secretary or his duly authorised representative not below the rank of Senior State Counsel;
(c) the Government Printer or his duly authorised representative;
(d) two members of the Cross River State branch of the Nigerian Bar Association of not less than seven years post-call standing, who shall be nominated by the branch;
(e) the Dean of the Faculty of Law, University of Calabar or his authorised representative.
- Tenure of Office
(1) Subject to the provisions of this Law, a person appointed a member of the Council shall hold office for four years from the date of his appointment and shall be eligible for reappointment.
(2) Any member, not being an ex officio member of the Council may at any time resign his appointment by a letter addressed to the chairman and his resignation shall take effect on the date of receipt by the chairman of such letter.
- Cessation of membership
A member, not being an ex officio member, shall cease to be a member if he—
(a) resigns;
(b) dies;
(c) is adjudged bankrupt;
(d) is, whilst a member, convicted of an offence involving fraud, dishonesty or other moral turpitude;
(e) is incapacitated from discharging the functions of his office by reason of infirmity of body or mind or otherwise;
(f) not being an ex officio member, is absent without reasonable excuse from three consecutive meetings of the Council; or
(g) is guilty of gross misconduct or other acts of misbehaviour including abuse of office as a member.
- Remuneration
A member of the Council not being an ex officio member shall be entitled to such allowances as the Governor may approve.
- Functions
(1) Subject to the provisions of this Law, the Council—
(a) shall prepare and publish law reports to be known as “the Cross River State Law Report” containing judgments of the High Courts of the State; and
(b) may carry out such other legal publications as it deems fit.
(2) The Council shall have power for the purpose of carrying out its functions to do all such acts as appear to be requisite, advantageous or convenient for or in connection with its functions or incidental to their proper discharge and may carry on any activities in that behalf either alone or in association with any other person or body.
- Proceeding of the Council
(1) The Council may meet as often as its business shall require at such times and places as the Chairman may appoint: Provided that it meets at least once every three months.
(2) At a meeting of the Council any three members shall form a quorum.
(3) The chairman or his deputy or, in their absence, the member elected by the members present to act as chairman shall preside.
(4) All questions at a meeting of the Council shall be decided by a majority of votes of the members present and voting and in the event of an equality of votes, the chairman or other member presiding shall have a casting vote.
(5) The validity of any proceedings of the Council shall not be affected by any vacancy in the membership or a defect in the appointment of a member of the Council.
- Appointment and discipline of the staff of the Council
(1) There shall be an editor and a deputy editor of the Council.
(2) The editor and deputy editor shall be public officers and shall be appointed by the Governor on the advice of the Council.
(3) No person shall be qualified for appointment as editor or deputy editor under subsection
(2) unless he has—
(a) in the case of editor, seven years; and
(b) in the case of deputy editor, five years post-call experience.
(4) The editor shall, subject to the general control of the Council on matters of policy, be responsible for the preparation, editing and publication of the Cross River State Law Report and for other legal publications as the Council may direct.
(5) The editor shall be the administrative head of the Council and shall be responsible for the day to day administration of the affairs of the Council.
(6) The editor shall be assisted in the performance of his duties by the deputy editor.
- Appointment of editor and deputy editor of the Council
(1) The editorial or technical staff of the Council shall be appointed by the Council.
(2) The staff appointed under section 8 and 9 of this law shall be subject to the disciplinary control of the Council.
- Secretary to the Council
(1) The editor shall be the secretary to the Council.
(2) The Secretary to the Council shall be responsible for—
(a) making arrangements for Council meetings;
(b) preparing the agenda of and recording the minutes of proceedings at Council meetings;
(c) conveying the directives of the Council to the appropriate authorities for implementation;
(d) performing such other duties as the Council may from time to time direct.
- Funds of the Council
(1) The Chairman shall cause to be prepared and laid before the Council at any time before the commencement of each financial year estimates of the revenue and expenditure of the Council for the ensuing financial year.
(2) The expenditure contained in the estimates shall be included in the recurrent and capital estimates of the Ministry of Justice as a separate sub-head to be submitted for inclusion in the Appropriation Law.
(3) All sums of money received on account of the Council as revenue shall be paid into the treasury of the State.
(4) The Council shall prepare and submit to the State Attorney-General not later than 31st December in every year a report on the activities of the Council during the preceding year and the State Attorney-General shall as soon as possible after receiving that report cause it to be laid before the State House of Assembly.
- Rules
The Council may make rules generally for the effective carrying out of the purposes of this Law.
- Law reports to be the official report
The Law reports published by the Council shall be deemed to be the official law reports of the State.
- Interpretation
In this Law unless the context otherwise requires—
“the chairman” means the chairman of the Council;
“the Council” means the Council for Law Reporting established under section 1 of this Law;
“the Governor” means the Governor of the Cross River State;
“the State” means the Cross River State of Nigeria.
- Citation
This Law may be cited as the Law Reporting Council Law.
CHAPTER L8
LAW REPORTING COUNCIL LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
