NIGERIA Law and Practice Contributed by: Adeyinka Aderemi, Omono Blessing Omaghomi and Ibukun Enigbokan, Streamsowers & Köhn
relation to case management for class actions, Order 56 Rule 8 of the FHC Rules 2019 provides that the court shall adopt such procedure in similar rules of court or such procedure as will in its view do substan- tial justice to the parties. The general provisions stipulated in the rules of vari- ous court rules for the filing of originating processes are applicable for class actions. The timeframe varies according to the various processes and the courts. Upon the service of the originating processes and accompanying documents on the defendant, the defendant is mandated to file its defence within the time prescribed by the rules of court. The claimant/ plaintiff may then file any reply to the defence filed by the defendant. Once these processes are filed, plead- ings are deemed closed and a pre-trial conference will be held by the pre-trial judge, who will try to settle the matter amicably or narrow down the issues for trial. Where the claims cannot be settled amicably, the matter would be assigned to a trial judge and the trial would commence. After the close of trial, the defend- ant files its final written address, followed by the plain- tiff’s final written address ‒ after which, the defendant files a reply. The judgment is delivered at a later date. 3.7 Length and Timetable for Proceedings In Nigeria, the average length of legal proceedings for various types of actions can vary significantly based on the complexity of the case and the jurisdiction in which it is being heard. For instance, under the Lagos 2019 Rules, claims involving liquidated monetary amounts of NGN100 million or more, mortgage transactions, charges, or other securities ‒ as well as liquidated monetary claims by non-Nigerian nationals or non-residents in Nigeria – can be commenced in the fast-track court. In this specialised court, litigation must conclude within nine months from the date of commencement, and the presiding judge is required to deliver judgment within 60 days after the trial is concluded. To ensure timely progression of cases, the civil proce- dure rules of various Nigerian courts have established specific timelines for actions preceding the com- mencement of trials. Under the Lagos 2019 Rules, which are mirrored by other rules of court, a defendant
has 42 days after being served with a claim in which to file a statement of defence, and the claimant has 14 days to file a reply. After pleadings have closed, a case management conference follows within three months, whereby the case management judge decides wheth- er the matter should proceed to settlement or trial. In cases without technical objections, the period from action commencement to trial should ordinarily not exceed six months. Nevertheless, delays may occur due to late filing and congested court dockets, leading to trials being scheduled up to nine months later or more. In some instances, it may take a year or more from commencing proceedings to the actual trial. Furthermore, some common timetabling aspects in Nigeria’s legal system include the following. • Case management conferences ‒ these are meet- ings between the parties and the case manage- ment judge to discuss the case’s progress, attempt settlement, narrow down the issues for trial, and set deadlines. • Discovery deadlines ‒ parties are given specific timeframes to exchange evidence and information. • Trial scheduling ‒ courts allocate dates for trials based on their availability. 3.8 Mechanisms for Changes to Length/ Timetable/Disposal of Proceedings The average duration of a civil proceeding in Nige- ria typically spans two to three years from com- mencement to conclusion. However, expedited civil trial procedures are available across Nigerian courts. Notably, there is the summary judgment application/ undefended list summary trial procedure, suitable for uncontested matters and monetary claims. Where any of the parties are unable to meet the time- lines set by the rules of the court, the party by motion can apply to the court to extend the time to accom- modate the delay or late filings. However, there are default fees and penalties ‒ calculated per diem – that must be paid by the party in default of filing. The amount payable as default fees differs according to the rules of various courts.
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