Federal High Court releases guidelines for pre-election cases

Nigeria's Federal High Court is implementing stricter procedures for pre-election cases following new guidelines issued by Chief Judge John Tsoho. These directives aim to streamline the judicial process for election-related disputes, ensuring timely adjudication within constitutionally mandated periods.

A significant change mandates that all court registries across the nation must remain open on Saturdays, Sundays, and public holidays. This extended availability, specifically between 10 a.m. and 2 p.m., is exclusively for the filing of pre-election matters. The move acknowledges the time-sensitive nature of these cases and seeks to prevent delays in the initiation of legal actions.

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In cognisance of Pre-Election cases being time-sensitive in nature, the Registry of this Honourable Court in all the Judicial Divisions in the Federation shall be open on Saturdays, Sundays and Public Holidays, between the hours of 10 AM and 2 PM exclusively for the filing of Pre-Election matters.

The new practice directions, effective June 29, also make it compulsory for all pre-election cases to commence via originating summons. This method relies on affidavit evidence, bypassing the need for witnesses to testify in open court, and is typically used when facts are largely undisputed. However, the court may permit oral evidence if cases involve allegations of fraud or other contentious factual disputes.

Applicants must submit an affidavit detailing their claims, exhibits, a written address, and confirmation that no similar action is pending. Respondents have seven days to enter an appearance and 10 days to file their response. Applicants can reply within three days of receiving the respondent's documents. Written addresses are to be concise, typed in double spacing with a 12-point font.

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Every pre-election matter shall be commenced by an Originating Summons.