Federal High Court issues new practice direction on pre-election matters

Chief Justice (CJ) of the Federal High Court of Nigeria, Justice John Tsoho, has issued a new practice direction to ensure fair, impartial and expeditious determination of pre-election matters, ahead of the 2023 general elections.

The development might have arisen from the new policy direction on election-related matters issued by the National Judicial Council (NJC) in May.

NJC’s new policy, focused on averting conflicting decisions from courts, contained rules on how heads of courts and judges must handle suits already ruled upon by a court of coordinate jurisdiction.

A statement issued by Assistant Director (Information), Federal High Court of Nigeria, Dr. Catherine Christopher, said the Federal High Court Rules 2019 shall apply to any issue not captured under this direction and that, under this direction, pre-election matters are matters as defined by Section 285 (14) of the Constitution. Also, the direction may be cited as the Federal High Court (Pre-Election) Practice Directions 2022 and will become effective from Tuesday, June 28, 2022.

The new direction notes that in all election matters, parties should minimise the time spent in dealing with interlocutory matters, ensure the possibility of settlement is explored before the parties go into hearing, and also minimise undue adjournments and delays in the conduct of matters.

The new practice applies to handling of pre-election cases in the exercise of the power conferred on him by Section 254, 285 (9), (10) and (14) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 29(5) and 84(14) of the Electoral Act 2022 (as amended) and all other powers enabling him in that behalf.

The CJ said the objective of the direction is to provide for a fair, impartial and expeditious determination of pre-election cases and ensure that in all election issues, the parties focus on genuine matters.

The direction, which shall apply to every pre-election matter brought pursuant to the provisions of the Constitution and the Electoral Act 2022, shall apply, notwithstanding the provisions of the Federal High Court (Civil Procedure) Rules 2019.

The Federal High Court may direct that matters be transferred to the appropriate division or any other division as may be reasonably practicable, considering the given circumstances.

And a party challenging the conduct or outcome of a primary election shall join as a respondent in the suit, the person who emerged winner of the said election or whose name was forwarded by his political party to the Independent National Electoral Commission (INEC).

On filing of processes in a pre-election matter, the direction notes that every pre-election matter shall be commenced by an Originating Summons as specified in Forms 3, 4 or 5 of Appendix 6 to the Federal High Court (Civil Procedure) Rules, with such variations as circumstances may require.