Litigation 2025

NIGERIA Trends and Developments Contributed by: Ituah Imhanze, Daze Nga, Damilola Raji and Ozioma Soludo, Kenna Partners

Impact of the New Rules on litigation practice in Nigeria Reduction of delays Stricter timelines for filing briefs and documents compel legal practitioners to act urgently, reduc- ing unnecessary delays that previously plagued the appellate process. Technological efficiencies The introduction of electronic filing and virtual hearings eliminates many logistical hurdles that slowed litigation under the 1985 Rules. Stream- lining filings and court attendance makes the litigation process faster and more efficient. Improved access for remote litigants Virtual hearings and electronic filing reduce the need for physical appearances and manual fil- ings, making it easier for litigants from remote or rural areas to access the Supreme Court. These technologies democratise the litigation process and ensure that justice is more readily acces- sible. Influence on lower courts The Supreme Court’s adoption of tech-driven processes and the other laudable reforms in the New Rules will likely encourage lower courts to adopt similar reforms, fostering a more modern and efficient judiciary across all levels. In summary, the Supreme Court Rules 2024 mark a significant departure from the outdated practices of the past, introducing technology and stricter procedural controls to improve the efficiency of the litigation process. These chang- es are set to broadly impact litigation practice in Nigeria as we enter 2025 and beyond.

expediting decisions on such applications and ensuring a faster resolution of the entire matter. Costs and penalties Order 12 of the New Rules introduces signifi- cant costs for civil appeals, setting minimum costs at NGN2 million (around USD1,222 or GBP940) in favour of the successful parties and NGN1 million (around USD611 or GBP470) as costs for delaying the hearing of the appeal on the day it has been fixed for hearing. A penalty of NGN500,000 (around USD305 or GBP235) applies to civil applications, while a minimum of NGN2 million (around USD1,222 or GBP940) is prescribed for an abuse of court process. The 1985 Rules did not specify minimum costs in such a prescriptive manner, leading to inconsist- encies in the awarding of costs. In addition, Order 16, Rule 9 provides that where an appellant has failed to file their brief within the period specified in the New Rules, or as extended by the court, the court may dismiss the appeal in chambers without hearing argu- ment. This deviates from the provisions of the 1985 Rules where the penalty for failing to file a brief within time was an order of striking out, not dismissal. The effect of the new provision is that the appellant will not have the opportunity to refile the appeal where the same has been dismissed for want of diligent prosecution. These new provisions on cost and penalties will deter frivolous appeals and delays, ensuring that only essential and well-prepared appeals reach the court. By imposing substantial finan- cial consequences for delays, the court encour- ages efficiency and compliance with procedural rules. These provisions could also result in fewer spurious applications, thus freeing up judicial resources for more substantive matters.

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