Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The Federal High Court of Nigeria has issued the Federal High Court (Pre-Election) Practice Directions, 2026, repealing the 2022 guidelines and introducing far-reaching measures to ensure the fair, impartial, and expeditious determination of pre-election cases across the country.
The new Practice Directions were issued on Tuesday, June 30, 2026, by the Chief Judge of the Federal High Court, Justice John Terhemba Tsoho, in exercise of the powers conferred on him by Sections 254, 285(9), (10) and (14) of the 1999 Constitution (as amended), Sections 29(5) and 88(2) of the Electoral Act, 2026, and all other enabling laws.
The development was disclosed in a statement issued by the Director of Information of the Federal High Court, Dr Catherine-Oby Christopher. According to the statement, the new procedural framework is intended to ensure that parties focus on issues genuinely in dispute, minimise time spent on interlocutory applications, encourage amicable settlement where feasible, and eliminate unnecessary adjournments and delays that often plague election-related cases.
Under the new Practice Directions, the provisions of the Federal High Court (Civil Procedure) Rules, 2019, will apply to issues not specifically covered by the Directions. The court directed judges handling pre-election matters to pay particular attention to Sections 29(5), (6) and (7), 83(5) and (6), and 88(14) of the Electoral Act, 2026, as well as Section 285(14)(c) of the Constitution.
A key feature of the new Practice Directions is the requirement that any party challenging the conduct or outcome of a political party's primary election must join all relevant parties as respondents, enabling the court to effectively determine the dispute. Additionally, the court introduced strict timelines for the filing of court processes. Respondents are required to enter appearance within seven days of being served and file their defence within 10 days, while applicants may file replies within three days where necessary. To discourage lengthy legal arguments, written addresses must be concise, typed in 12-point font, double-spaced and must not exceed 15 pages.
Recognising the time-sensitive nature of pre-election litigation, the court directed that registries in all judicial divisions shall remain open on Saturdays, Sundays, and public holidays between 10:00 a.m. and 2:00 p.m. exclusively for the filing of pre-election matters. The Practice Directions further provide that every pre-election case shall be commenced by an Originating Summons using the prescribed forms under the Federal High Court (Civil Procedure) Rules. However, where allegations involve fraud, forgery, or other highly contentious facts, parties are required to provide detailed particulars of such claims, and the court may receive oral testimony and documentary evidence to resolve disputed issues.
To enhance efficiency and access to justice, the court approved the use of electronic communication, including email and other digital platforms, to notify counsel of urgent court activities and case events. Judges are also authorised to leverage technology, including virtual hearings, in the conduct of pre-election proceedings where appropriate. The Practice Directions also empower the court and litigants to summon witnesses and compel the production of documents.
In a bid to curb delays, the Practice Directions provide that no party shall ordinarily be granted more than two adjournments throughout the proceedings. Applications for adjournment will not be entertained on dates already fixed for hearing. Where a party changes legal representation during the pendency of a case, adjournments arising from such changes are limited to a maximum of two. Judges are required to fix hearing dates within seven days after the close of pleadings and to give priority to all pre-election cases until judgment is delivered.
The new Practice Directions, which have repealed the 2022 version, are aimed at streamlining the adjudication of pre-election matters and ensuring compliance with constitutional timelines, thereby strengthening the integrity and efficiency of Nigeria's electoral litigation framework.
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