Download the New Supreme Court Rules
Prior to his retirement in August 2024, and in line with modern trends and evolving technology in the administration of justice, the former Chief Justice of Nigeria, Hon. Justice Olukayode Ariwoola GCON, signed off on the new Supreme Court Rules 2024 (the New Rules).
The New Rules, which repealed the Supreme Court Rules 1985, is in line with current legal practice trends in Nigeria, which is necessary to have a seamless judicial process, especially relating to the court’s procedures and practice. The New Rules contains numerous innovative changes all geared towards improving efficiency and ease in the administration of justice by the Supreme Court.
The new Supreme Court Rules have the following highlights:
Extension of the hours when the Registry will be open and the formal introduction of a comprehensive e-filing system;
the introduction of the service of most processes by electronic means.
The virtual hearing protocols have been set out in detail;the electronic case scheduling and management system will be put in place.
In the near future, a Nigeria Case Management System (NCMS) e- filing portal would be available to
Counsel and the Court. The newly created Electronic Unit of the Court has been given the capacity to provide assistance to all practitioners in this regard. More duties have been imposed on the Bar to aid the speedy hearing of appeals.
Where service is effected on a Legal practitioner who has ceased to appear for any party, failure to inform the Court expeditiously would be deemed an act of professional misconduct.
Service on the Attorney-General of the Federation or an Attorney-General of a State is deemed sufficient service where the Federal or State Government of Nigeria is a party.
Parties are now mandated to file notice of non-contention when they do not intend to contest an application.
Most applications for leave shall be heard in chambers pursuant to Section 233(3) of the 1999 Nigeria Constitution (as ammended).
One of the most important innovations in these rules is the execution of the policy to reduce the volume of applications for extension of time which have been abused over the years. Now, time provided by the rules is automatically extended for the same period in the first instance, it is also further extended for the period provided with payment of penalty for default and no application for extension of time shall be entertained thereafter except in an appeal against a death penalty. This simply means that if you have seven (7) days to file a process, and you do not do so, you have another seven (7) days automatically to do the needful. After the cumulative 14 days, you have another seven (7) days in which case you will pay penalty for default within that 3rd seven (7) days. After twenty-one (21) days, there is more extension of time. Importantly no application would be entertained by this Court.
The time to file briefs have been reduced. A section of the Registry has been created to manage electronic processes including the electronic copies of the Record of appeal.
It is now mandatory for the Appellant to pay costs awarded by the Court below into an escrow account. To ensure diligence in appeals against monetary judgments, the Court would require a guarantee or bond from a reliable financial institution as a condition to hear the appeal.
Where the appeal relates to land, an undertaking to pay damages where the appeal fails.
The Court will not grant a stay of proceedings in an interlocutory appeal brought before it.
Where the appellant fails to comply with the conditions of appeal, the Court will suo motu dismiss the appeal.
With regards to costs, the Court will now adequately award costs to compensate the Respondent for the time and expense in coming to Court.
Also, where Counsel engages in an abuse of the process of the Supreme Court, punitive costs will be awarded personally against such Counsel including a Counsel representing a Federal or State government or an institution.
Counsel who fails to pay costs awarded personally shall not have right of audience in any Superior Court in Nigeria. There are provisions made to fast-track criminal appeals relating to terrorism, rape, kidnapping, money laundering, corruption and human trafficking.
The procedure in election matters have been elevated and incorporated into the Rules with enhanced guidelines to ensure speedy dispensation of justice. Learned Senior Advocates may appear with not more than 5 learned friends. Where more than one Senior Advocate appears in a matter, the total number of Counsel shall not be more than eight (8) for the party.
Click here to download the new Supreme Court Rules.
Supreme-Court-Rules-2024
