The New Innovations In The Federal High Court Pre-Election Practice Direction 2026 Versus The 2022 Practice Directions

By Babayemi Olaniyan Esq

Introduction

The 2026 Pre-Election Practice Direction serves as a semi-complete overhaul, explicitly repealing the 2022 version to accommodate updated statutory frameworks (such as the Electoral Act, 2026) and introduce significant procedural updates. The new practice direction takes effect from Monday 29^th June, 2026 and was issued by the Hon. Chief Judge of the Federal High Court, Hon Justice John, Terhemba Tsoho OFR.

1. Statutory Authority and Enacting Framework

• Governing Electoral Act: The 2022 Directions were made pursuant to Sections 29(5) and 84(14) of the Electoral Act, 2022. The 2026 Directions are updated to align with Sections 29(5) and 88(2) of the Electoral Act, 2026.
• Specific Statutory Focus: Paragraph 5(1) of the 2026 version introduces a strict mandate for the Court to pay specific attention to Sections 29(5)-(7), 83(5)-(6), and 88(1)-(4) of the new Electoral Act—details that were not explicitly itemized in the 2022 version.

2. Weekend and Holiday Registry Openings (New Addition)

• 2022 Practice Direction: No provisions existed for after-hours or weekend filing.
• 2026 Practice Direction (Paragraph 6): To address the time-sensitive nature of pre-election cases, the court registries across all Judicial Divisions are now strictly mandated to open on Saturdays, Sundays, and Public Holidays between 10:00 AM and 2:00 PM exclusively for filing pre-election matters.

3. Scope of Parties to be Joined

• 2022 Practice Direction (Paragraph 3): Specifically required the plaintiff to join the person who emerged as the winner of the primary or whose name was forwarded to INEC.
• 2026 Practice Direction (Paragraph 5(2)): Broadens this requirement substantially, stating that the challenging party must join “all the relevant parties” to ensure the court can effectively resolve the dispute.

4. Introduction of Oral Evidence (Viva Voce)

• 2022 Practice Direction: Pre-election matters were strictly determined by written affidavit evidence accompanying the Originating Summons.
• 2026 Practice Direction (Paragraph 7(1) & (2)): Introduces a crucial proviso. Where a party alleges fraud, forgery, or highly contentious facts, they must set out the particulars of those facts, which will be examined through calling witnesses to give oral evidence (viva voce) or receiving physical documents into evidence. The Court and parties are also given the explicit power to summon any person to be cross-examined.

5. Relationship with Civil Procedure Rules

• 2022 Practice Direction (Paragraph 2(2)): Explicitly stated that the Practice Directions applied “notwithstanding the provisions of the Federal High Court (Civil Procedure) Rules, 2019” (meaning the practice direction strictly overrode the civil rules).
• 2026 Practice Direction (Paragraph 4(2)): Shifts to a collaborative approach, stating that the Federal High Court (Civil Procedure) Rules, 2019 shall apply to fill the gaps for any issue not explicitly provided for in the Practice Directions.

6. Jurisdictional Filing and Venue Assignment

• 2022 Practice Direction (Paragraph 4(8)): Contained rigid guidelines requiring suits to be filed strictly in the Judicial Division where the cause of action arose, or at the Abuja headquarters if the consequences extended beyond that single division. The Practice Direction however still gave the Chief Judge the power to transfer cases from one division to another as may be reasonably practicable.
• 2026 Practice Direction (Paragraph 9): Deletes those rigid restrictions and replaces them with a streamlined “Power to Assign” clause. It gives the Chief Judge absolute power to nominate Judges to sit in any division or transfer pre-election cases across divisions as necessary. The practice direction also does not state that the pre-election matter must be filed where the issue arose.

7. Explicit Technological Integration

• 2022 Practice Direction: Paragraph 5: Technology was only mentioned briefly under service of processes (electronic mail and other electronic means may be used to notify parties of urgent events)
• 2026 Practice Direction : (Paragraph 10): Features a brand-new, standalone Paragraph titled “Power to Leverage Technology.” It explicitly grants judges the authority to leverage technology in conducting proceedings, including holding virtual hearings.

8. Savings Clause for Pending Cases

• 2022 Practice Direction: Did not feature an explicit savings clause for ongoing actions.
• 2026 Practice Direction (Paragraph 13(1)): Adds a savings/miscellaneous clause clarifying that nothing in the new 2026 directions will invalidate, prohibit, or disrupt the continuation of pre-election proceedings that were already instituted before June 29, 2026.

Summary Table of Core Changes

Contact Details:

Babayemi O. Olaniyan, Lead Partner, Lehi Attorneys

Yemi.olaniyan@lehiattorneys.com

+2348134699398

www.lehiattorneys.com

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