Litigation 2025

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

Conclusion The Nigerian litigation landscape is undergo- ing transformative changes, driven by reforms such as the Supreme Court Rules 2024, the evolving jurisprudence of the National Industrial Court (NIC), and landmark decisions like the Total Exploration case. As we move forward, these trends reflect a legal system increasingly focused on efficiency, transparency and global best practices. These developments are reshap- ing the future of dispute resolution in Nigeria and setting a new standard for litigation.

ing up the resolution of fundamental rights- based litigation. Broader interpretation of FREP Rules The ruling signals a more comprehensive inter- pretation of the FREP Rules, with courts increas- ingly prioritising substantial justice over proce- dural technicalities. This trend aligns with the modern judicial approach of ensuring that tech- nicalities do not hinder individuals from enforc- As more groups become aware of their ability to file joint applications, there may be an increase in group rights litigation. It could include cas- es related to land rights, environmental harm, or community-wide violations, where collec- tive grievances are common. The decision may encourage more community-based organisa- tions and civil society groups to bring claims for affected populations. ing their constitutional rights. Rise in group rights litigation In summary, the Supreme Court’s decision in the Total Exploration case has expanded access to justice and reinforced the principle that proce- dural hurdles should not impede the enforce- ment of constitutional rights. As this decision takes effect, it is expected to influence future cases, leading to more streamlined and efficient fundamental rights litigation in Nigeria.

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