NIGERIA Trends and Developments Contributed by: Ituah Imhanze, Daze Nga, Damilola Raji and Ozioma Soludo, Kenna Partners
Outlook for 2025 The Nigerian litigation landscape is transforming significantly as the country’s legal system aligns with contemporary global trends. Fundamental reforms, such as adopting modern technologies in judicial processes, recent developments in labour law jurisprudence, and the incorporation of modernised procedural rules, reflect Nigeria’s commitment to improving the efficiency and accessibility of its courts. At the forefront of these changes are the newly introduced Supreme Court Rules 2024, which replaced the Supreme Court Rules of 1985 (the “1985 Rules”). The new rules address critical procedural inefficiencies and introduce techno- logical innovations to streamline case manage- ment and reduce delays. In labour law, the National Industrial Court of Nigeria (NICN) is making strides toward aligning its decisions with global best practices, particu- larly in prioritising employee rights and fairness in the workplace. However, the NICN’s progres- sive decisions often conflict with the rulings of the superior courts, which tend to adhere to traditional common law principles. This conflict sometimes creates uncertainty for employers and employees alike, and as Nigeria moves for- ward, these tensions will likely muddy the waters around labour litigation. Another significant legal development in the Nigerian litigation space is the recent 2024 Supreme Court of Nigeria’s decision in Total Exploration & Production (Nig) Ltd v Okwu & Ors (2024) LPELR-62623(SC), which addressed the long-standing controversy surrounding the com- petence of multiple applicants filing to enforce their rights under the Fundamental Rights (Enforcement Procedure) Rules 2009. The apex court’s decision has provided much-needed
clarity on this procedural issue, which will shape how litigants file and pursue fundamental rights claims moving forward. This article explores these three key trends and developments, examining their potential to influ- ence the litigation space in Nigeria and set the tone for the future of dispute resolution across these areas. Supreme Court Rules 2024 The 1985 Rules of the Supreme Court guided procedures at Nigeria’s highest court for close to four decades. While the 1985 Rules worked well for a long time, the legal landscape has changed significantly and dramatically, and the need for greater efficiency in the justice system has become more urgent. In August 2024, just before his retirement, the former Chief Justice of Nigeria, Honourable Justice Olukayode Ariwoola, approved and signed the Supreme Court Rules 2024 (the “New Rules”). The New Rules introduce various reforms to enhance the Supreme Court’s effi- ciency, transparency and accessibility. These reforms include provisions for electronic filing, virtual hearings, and stricter timelines for filing processes, all intended to reduce delays and improve case management. The introduction of these rules also reflects the broader efforts within Nigeria’s judiciary to embrace digital transformation, particularly in the wake of the disruptions caused by the COVID-19 pandemic. By incorporating these changes, the Supreme Court aligns with digital transformation trends already embraced by many lower courts, such as virtual hearings, e-filings and remote case management. Though somewhat delayed in adopting these advancements, the Supreme Court’s reforms now reinforce the judiciary’s shift
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