NIGERIA Trends and Developments Contributed by: Ituah Imhanze, Daze Nga, Damilola Raji and Ozioma Soludo, Kenna Partners
Order 16, Rule 11 also reduces the time allowed for oral arguments by legal practitioners in sup- port of briefs of arguments from one hour to 15 minutes. These tighter deadlines push litigants and law- yers to act more promptly, reducing delays and expediting litigation. By enforcing strict adher- ence to timelines as provided in the New Rules, the Supreme Court will reduce the risk and inci- dence of backlog, and ensure faster resolution of cases. Service of process Order 3 of the New Rules provides that any refer- ence to an address for service within the rules refers to a physical, postal or electronic mail address, a phone number, or any other available mode of communication where court documents may be sent if personal service is not required. On the specific issue of service of a notice of appeal, the New Rules state that the notice may either be served on the respondent personally or on the legal practitioner who represented the respondent at the Court of Appeal, and that the service may be done by electronic mail or any other electronic means. This provision is timely, as it lays to rest the age-long controversy created by conflicting decisions of the Supreme Court on the issue of service of notice of appeal. In the case of Odey v Alaga (2021) 13 NWLR (Pt 1792) page 1, the Supreme Court decided that service of the notice of appeal on counsel instead of person- ally serving the respondent rendered the appeal incompetent. In the more recent case of Amae- chi v Gov. of Rivers State (2022) 17 NWLR (Pt 1858) page 1, the court deviated from its earlier reasoning and decided that a notice of appeal served on the respondent’s counsel constitutes proper service, provided the court is satisfied
that the notice of appeal has been effectively communicated to the respondent. The adoption of this provision regarding service is sure to eliminate delays related to objections and disputes over the issue of proper service, thereby improving the speed of litigation. Motion on notice and page limits While the 1985 Rules stated that applications to the court should be made by notice of motion, supported by an affidavit, the New Rules require applications to be made by notice of motion, supported by not just an affidavit but also by a written address. Order 4 introduces a ten-page limit for written addresses, requiring more con- cise and precise arguments. This reform will undoubtedly improve the clarity and efficiency of court proceedings by encour- aging brevity in legal arguments. It also reduces the workload for justices, allowing them to evalu- ate applications and deliver rulings more quickly. Non-contentious application The New Rules in Order 4, Rule 11 state that if a respondent to an application does not intend to contest the application, the respondent must file a notice of non-contention within 14 days of the application being served on them. This rule further provides that a justice in cham- bers can now consider and determine such non- contentious applications. This provision aligns with Section 11 of the Supreme Court Act, which allows a single justice of the Supreme Court to exercise any power vested in the court, other than the final determination of any cause or mat- ter. This provision reduces the need for a full panel to hear an uncontested application, thereby
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