The Federal High Court has issued a fresh set of Practice Directions to regulate pre-election litigation, repealing the 2022 guidelines and introducing sweeping reforms aimed at ensuring speedy, efficient, and fair resolution of election-related disputes.
Signed by the Chief Judge of the Federal High Court, Hon. Justice John Terhemba Tsoho, the Federal High Court (Pre-Election) Practice Directions, 2026, took effect on June 29, 2026.
In a statement signed by the Director of Information, Dr. Catherine Oby Christopher, the court explained that the new rules were designed to enhance the timely disposition of pre-election matters in line with the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2026, and other applicable laws.
The Practice Directions introduce several innovations, including the filing of pre-election cases on weekends and public holidays. Registries of the Federal High Court across all judicial divisions will remain open on Saturdays, Sundays, and public holidays between 10:00 a.m. and 2:00 p.m. solely for this purpose.
The reforms also empower judges to conduct virtual hearings where appropriate and grant the Chief Judge broader authority to nominate judges for pre-election matters in any judicial division and to transfer cases between divisions as necessary.
Under the new regime, every pre-election suit must be commenced by Originating Summons, except where allegations of fraud, forgery, or other highly contentious facts are involved. In such cases, parties must provide detailed particulars, which may be proved through oral evidence or documentary exhibits.
Strict timelines now govern court processes. Respondents are required to enter appearance within seven days of service and file their defence within 10 days, while applicants may file replies within three days where necessary.
To promote brevity, written addresses must be concise, typed in 12-point font, double-spaced, and limited to a maximum of 15 pages. The directions also mandate that litigants challenging party primaries join all relevant parties to the suit.
In a bid to curb delays, no party shall ordinarily be granted more than two adjournments throughout the proceedings, and applications for adjournment will not be entertained on dates fixed for hearing. Changes in legal representation are similarly restricted to a maximum of two adjournments.
Courts are directed to give priority to all pre-election cases until judgment is delivered and must fix hearing dates within seven days after parties have exchanged all necessary processes. Where a duly notified party is absent, the court may deem their written address adopted and proceed with the matter.
The Practice Directions formally recognise the use of electronic communication. Judges may notify counsel of urgent events via email or other electronic means, provided such notices are issued at least 48 hours in advance. Parties must also provide functional telephone numbers and email addresses to the registry.
Applications for extension of time must be brought by motion on notice and supported by affidavits containing substantial, cogent, and verifiable reasons for the delay. Preliminary objections and jurisdictional issues will generally be determined alongside the substantive suit.
The court has encouraged judges to explore amicable settlements before proceeding to full hearing where possible. Proceedings instituted before the new rules took effect will be preserved, though courts may issue directions to align them with the updated framework.
According to the Federal High Court, the overriding objectives of the Practice Directions are to ensure fair, impartial, and expeditious determination of pre-election disputes, minimise delays and interlocutory applications, encourage settlement where feasible, and keep parties focused on genuine issues in controversy.
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