In a move to modernize the administration of justice, Nigeria has introduced new Supreme Court Rules set to take effect in 2024. The former Chief Justice of Nigeria, Olukayode Ariwoola, signed off on the new rules earlier this month before his retirement, repealing the previous rules which had been in place since 1985.
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The 1985 Rules predated the internet era and had become outdated in the face of current realities and challenges. Although practice directions were periodically issued over the years, the substantive rules remained unchanged for nearly four decades.
Key Highlights of the New Rules
The new Supreme Court Rules 2024 introduce several key changes aimed at leveraging technology, imposing stricter responsibilities on parties and their counsel, and enhancing the court’s efficiency in dispensing justice. Some of the major highlights include:
1. Digitization of Processes: The rules provide for the extension of registry hours and the introduction of a comprehensive e-filing system. Most processes will be served electronically, and virtual hearing protocols have been laid out in detail. An electronic case scheduling and management system called the Nigeria Case Management System (NCMS) e-filing portal will be developed.
2. New Duties on the Bar: Lawyers will have more duties to aid the speedy hearing of appeals. Failure to promptly inform the court when a lawyer ceases to represent a party will be considered professional misconduct. Service on the Attorney-General will suffice when the federal or state government is a party.
3. Streamlined Procedures: Parties must file a notice of non-contention if they do not intend to contest an application. Most applications for leave will be heard in chambers. Timelines for filing briefs have been reduced, and a dedicated registry section will manage electronic records.
4. Curbing Delays: To reduce the volume of applications for extension of time, the new rules introduce an automatic time extension system with penalties for default. After 21 days, no further extensions will be granted except in death penalty cases.
5. Financial Safeguards: Appellants must pay costs awarded by lower courts into an escrow account. For appeals against monetary judgments, a guarantee or bond will be required, and for land disputes, an undertaking to pay damages. The Supreme Court will not grant stay of proceedings in interlocutory appeals.
6. Deterrent Costs: The court will award substantial costs to compensate respondents and punitive costs against parties and counsel (including government lawyers) for abuse of process. Counsel who fail to pay such costs will be barred from appearing in any superior court in Nigeria.
7. Fast-tracking Serious Crimes: Appeals relating to terrorism, rape, kidnapping, money laundering, corruption, and human trafficking will be fast-tracked.
8. Election Petitions: Procedures for election petitions have been incorporated into the main rules with clearer guidelines.
9. Counsel Limitations: The number of lawyers, including Senior Advocates of Nigeria, that can appear for a party will be limited to ensure focus and efficiency.
Objectives of the Reforms
The new Supreme Court Rules 2024 aim to position Nigeria’s apex court to better manage its heavy caseload and deliver justice more efficiently in the modern era. By leveraging technology, imposing stricter timelines and obligations, and introducing deterrents against delays and misconduct, the rules seek to curb many of the problems that have long plagued the judicial process.
Former Chief Justice Ariwoola expressed concern over the outdated 1985 rules upon assuming office two years ago. The reforms are the product of extensive work by a Rules Committee comprising several Justices of the Supreme Court and senior members of the Bar. Chaired by Hon. Justice Kudirat Motomori Olatokunbo Kekere-Ekun JSC, CFR. Other members are Hon. Justice John Inyang Okoro JSC, CFR, Hon. Justice Helen Moronkeji Ogunwumiju JSC, CFR, Hon. Justice Tijjani Abubakar, JSC, CFR, the immediate past president of the Mr. Yakubu C. Maikyau, SAN and Mr. Muiz Banire, SAN. The Rules committee secretariat comprises of Ibrahim Gold,Esq., Yusuf Babasoro, Esq. Saadatu Ahmed,Esq, Zainab Garba, Esq. and Patrcia Orhomuru, Esq.
As Africa’s largest economy and most populous nation, an efficient and responsive judiciary is crucial for Nigeria’s stability and development. The new Supreme Court Rules 2024 represent a significant step in that direction, promising to reshape the administration of justice at the highest level.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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