NIGERIA Law and Practice Contributed by: Tayo Oyetibo LP
2.5 Confidentiality Court proceedings in Nigeria are, as a general rule, public. This reflects the constitutional principle of open justice, which requires that judicial proceedings, including the delivery of rulings and judgments, be conducted in open court. This principle is enshrined in Section 36 (3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and promotes transparency, accountability and public confidence in the administration of justice. Notwithstanding this general rule, the Constitution recognises limited exceptions. Under Section 36 (4), a court or tribunal may exclude the public from pro- ceedings in specific circumstances where such exclu- sion is justified in the interest of: • national defence; • public safety or public order; • public morality; • the welfare of minors; or • the protection of the private lives of the parties. • In such cases, proceedings may be conducted in camera. In addition, certain proceedings may be heard in chambers, such as ex parte proceedings for urgent interim relief. However, where a matter becomes con- tentious and involves the determination of substantive rights, the constitutional requirement of a public hear- ing ordinarily necessitates that such proceedings be conducted in open court. 2.6 Interim Relief Interim reliefs are temporary measures granted by the court to preserve the subject matter of a dispute or maintain the status quo pending the final determina- tion of the suit. Such reliefs are a critical feature of civil litigation in Nigeria and are frequently sought, particu- larly in commercial disputes where there is a risk of asset dissipation or irreparable harm. The most commonly utilised forms of interim relief are interim and interlocutory injunctions: Interim injunctions are typically granted ex parte to preserve the status quo for a short period pending
• pre-trial stage – involving investigation and, in some cases, administrative or prosecutorial review; • arraignment – where the charge is read to the defendant and a plea is taken; • trial – involving the presentation of evidence by the prosecution and defence; and • judgment and post-trial stage – culminating in con- viction or acquittal and, where applicable, sentenc- ing. Duration of Proceedings The duration of court proceedings in Nigeria varies considerably depending on factors such as the com- plexity of the dispute, the nature of the claims, inter- locutory applications and the court’s docket. Notwithstanding this, the Rules of Court increasingly include timelines to expedite proceedings. For exam- ple: • pre-trial or case management conferences are typi- cally expected to be concluded within a defined period (often within a few months of commence- ment); and • judgment must, as noted, be delivered within 90 days of final addresses. In Lagos State, the High Court (Civil Procedure) Rules provide for a Fast Track procedure applicable to spec- ified categories of claims, including high-value liqui- dated monetary claims and certain commercial trans- actions. Under this regime, proceedings are intended to be concluded within approximately nine (9) months from commencement to final judgment. In practice, however, while straightforward matters- particularly those commenced by originating sum- mons or originating motions-may be concluded within 6 to 18 months, more complex or contested cases may extend over several years, particularly where there are interlocutory disputes or appeals. Overall, while the procedural framework in Nigeria is designed to facilitate the timely resolution of disputes, the actual duration of proceedings is influenced by a combination of procedural, institutional and case- specific factors and ongoing reforms aim to improve efficiency and reduce delays.
405 CHAMBERS.COM
Powered by FlippingBook