Human rights lawyer Femi Falana, SAN, has called on the Chief Justice of Nigeria and the President of the Court of Appeal to designate Justices to hear appeals arising from fundamental rights cases during the annual vacation of both appellate courts, noting that while the High Courts already make provision for vacation judges to attend to such matters, the appellate courts make none, with the result that appeals in liberty cases are adjourned in the same way as every other appeal.
![](https://thenigerialawyer.com/wp-content/uploads/2026/06/ELLAN.png")
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
The recommendation appears in the third edition of his book, “Fundamental Rights Enforcement in Nigeria” (2026), under the heading “Hearing of Fundamental Rights Cases During Vacation.”
Falana began by restating the general position.
“It is the law in Nigeria that the High Court and other courts of record will not normally sit or open during vacation to hear or continue the hearing of cases or appeals. Even though the annual vacation is not a public holiday it has the same effect,” he wrote.
He traced the principle to the West African Court of Appeal decision in Justus Olayemi Ososami v. The Commissioner of Police (1952/1955) 14 WACA, in which Verity, C.J., dealing with the legality of sitting on public holidays, held: “It has recently been held by this Court that a public holiday is like a Sunday, dies non juridicus, and that no law proceeding can be held on such a day.”
Falana then cited the Supreme Court’s decision in Oboreuboriitaye & 7 Others v. Chief Okuoweekaidere & 4 Ors (SC.268/1976), delivered on October 26, 1978, to demonstrate the consequence of sitting during vacation without leave.
“The effect of Order 25 Rule 5 and the notification, Midwestern Notice 131 of March, 1975 was to deprive the trial Judge of the authority to sit and decide the matter now on appeal before us during the period of vacation in the absence of any leave granted pursuant to an application made by both parties to him for leave to continue the hearing or trial during the period. As there was no such application, the proceedings, that is, the judgment delivered on the 25th of August, 1975 is a nullity,” the Supreme Court held in that case.
Falana explained that the rules of every High Court permit designated judges to sit during the annual vacation to attend to urgent matters, including fundamental rights cases.
“For example, the Chief Judge of the Federal High Court usually designates Judges to attend to matters relating to enforcement of fundamental rights, arrest or release of vessels, and national interest cases pursuant to Order 46, Rule 4(b) of the Federal High Court (Civil Procedure) Rules,” he wrote.
“Even though the vacation judges sit in Abuja, Lagos and Port Harcourt Judicial Divisions, they are required to attend to cases instituted in all judicial divisions in the country,” Falana noted.
It is at the appellate level, Falana wrote, that the arrangement breaks down.
“While the High Courts may attend to fundamental rights cases during the annual vacation of Judges, the Court of Appeal and the Supreme Court do not assign Justices to sit during the vacation. Hence, appeals arising from fundamental rights cases are adjourned like other appeals during the vacation of courts,” he stated.
“In view of the urgent nature of fundamental rights cases, the Chief Justice of Nigeria and the President of the Court of Appeal should designate Justices to hear appeals arising from fundamental rights cases during the vacation of both appellate courts,” Falana concluded.
The gap Falana identifies has direct practical consequences. Fundamental rights proceedings are, by their nature, urgent: they concern personal liberty, unlawful detention, threats to life, freedom of movement and freedom of expression, matters in which delay is itself a form of injury.
Where a High Court refuses an application for the enforcement of fundamental rights, or grants relief that is immediately challenged, the aggrieved party’s remedy lies on appeal. If the appellate courts are closed for the duration of the annual vacation and assign no Justices to liberty matters, an applicant wrongly refused release may remain in detention for the whole of that period without any court able to hear the appeal.
The recommendation would bring appellate practice into line with the arrangement already operating at first instance, where Chief Judges routinely designate vacation judges precisely because certain categories of case cannot wait for the courts to reopen.
The passage is drawn from “Fundamental Rights Enforcement in Nigeria” (Third Edition, 2026) by Femi Falana, SAN.
Get up to 20% off selected LAWBREED Supreme Court Reports, plus access to My S.C Extra, featuring Supreme Court judgments from 1972 to date. Call/WhatsApp: 08077011741 | 08077011755 | 08077011730 | 08023269613 Email: orders@lawbreed.com | mails@lawbreed.com
LAWBREED — Equipping You For Greater Success!
______________________________________________________________________
“Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
The book also examines Nigeria's legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion.
Ohio Books Ltd praises the publication, stating:
"....this is the only Nigerian book I know of on the topic."
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
_______________________________________________________________________
“Order Justice Omolaye-Ajileye’s Electronic Evidence Books Now” — Essential Guides On Evidence Act, Case Law And Digital Proof
