NIGERIA Trends and Developments Contributed by: Ituah Imhanze, Daze Nga, Damilola Raji and Ozioma Soludo, Kenna Partners
towards efficiency and accessibility, setting a precedent for continued modernisation across Nigeria’s legal landscape. Fundamental changes in the New Rules Electronic filing Order 17 of the New Rules introduces manda- tory electronic filing through the Nigeria Case Management System (NCMS) E-filing portal, replacing the previously manual, paper-based system. The order provides that once this provi- sion comes into effect, no other mode of filing will be valid. The order further stipulates that only documents submitted through and stored in the Nigeria Case Management System will be considered official records of the Supreme Court. This provision is entirely novel, as the pre- vious rules did not provide for any form of filing, save for the traditional method of physical filing processes at the Supreme Court’s registry. It is essential to note the provision of the rules, which states that the electronic filing system must run in parallel with the existing manual filing proce- dure until the chief justice may otherwise direct. While awaiting the direction of the chief justice following this provision, litigants and legal prac- titioners need to familiarise themselves with the electronic filing process and procedure, as the complete discontinuation of the manual filing system is anticipated in the coming year(s). Electronic filing drastically reduces delays associated with physical filing, allowing for real- time submission of court documents, improv- ing accessibility, and enhancing transparency. Electronic filings can be particularly beneficial for litigants in remote areas, as they reduce the need to travel to file documents and processes, thereby improving access to justice.
Virtual hearings Similarly, Order 18 of the New Rules officially recognises virtual hearings. While the practice of holding court sessions via video-conferencing began during the COVID-19 pandemic, it was not formalised as an acceptable procedure for conducting court sessions at the Supreme Court until the adoption of the New Rules. The rules state that the court may, upon application by any of the parties or even on its own, conduct pro- ceedings virtually where it deems appropriate. Virtual hearings reduce the cost and time associ- ated with physical attendance in court, providing greater accessibility for litigants and their coun- sel. This reform also enhances the court’s ability to manage cases more efficiently, as virtual hear- ings can be scheduled flexibly. However, chal- lenges like unreliable internet access in some regions may pose difficulties. Stricter timelines In the New Rules, Order 6, Rule 4 significantly reduces the time for the lower court officials (the registrar of the Court of Appeal) to transmit a physical and electronic record from six months to three months after the filing of a notice of appeal. Additionally, Order 16 of the 2024 Rules introduces shorter timelines for filing briefs. An appellant now has 45 days from the date of service on them of the record of appeal from the court below (previously ten weeks), and a respondent has 30 days to file the respondent’s brief of argument (previously eight weeks). Furthermore, Order 4, Rule 2 provides that a respondent will have 14 days to file processes in response to any application filed before the court. The applicant will have seven days to file a reply, if any. The previous rules were silent on time limits for responding to applications before the court.
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