The Federal High Court has introduced significant amendments to its 2026 Pre-Election Practice Directions, granting judges the power to conduct virtual hearings, transfer cases across judicial divisions, and keep registries open on weekends and public holidays for election-related filings.
The amendments, signed by the Chief Judge of the Federal High Court, Justice John Tsoho, took effect from July 14, 2026, just weeks after the original Practice Directions were issued on June 26.
Announcing the changes, the court’s Director of Information, Dr. Catherine Christopher, explained that the revisions were made pursuant to relevant sections of the 1999 Constitution (as amended), the Electoral Act 2026, and other enabling laws. The goal is to ensure the speedy, efficient, and fair determination of pre-election matters.
Key highlights of the amended rules include:
Virtual hearings: Judges handling pre-election cases can now leverage technology, including virtual proceedings.
Case assignment and transfer: The Chief Judge is empowered to assign judges to any judicial division and transfer pre-election matters between divisions as needed.
Electronic notifications: The court may notify counsel of urgent proceedings via email and other electronic means, provided at least 48 hours’ notice is given.
Registry access: Provisions allow court registries to remain open on weekends and public holidays for filing election suits.
Adjournments: The limit of two adjournments per party is retained, with no applications for adjournment entertained on a hearing day. Parties changing counsel are also restricted to two adjournments.
Interlocutory matters: Preliminary objections and jurisdictional issues will still be determined alongside the substantive suit. Courts can now award costs against parties or counsel filing frivolous applications aimed at delaying proceedings.
Fraud allegations: Parties claiming fraud or forgery must file written depositions in addition to affidavits, with witnesses subject to cross-examination.
The original Practice Directions, introduced to accelerate the resolution of election disputes in line with constitutional timelines, already imposed strict deadlines: respondents must enter appearance within seven days and file defences within 10 days, while applicants have three days to reply.
Written addresses remain capped at 15 pages for originating summons and 10 pages for preliminary objections.These amendments are expected to enhance judicial flexibility and efficiency as political activities intensify ahead of the 2027 general elections.
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