Yusuf Ameh – Abuja
The Chief Judge of the Federal High Court, Justice John Tsoho, has issued the Federal High Court (Pre-Election) Practice Directions, 2026, introducing a new procedural framework aimed at ensuring the speedy, efficient and fair determination of pre-election disputes ahead of the 2027 general elections.
The new Practice Directions, which came into effect on June 29, 2026, repeal the Federal High Court (Pre-Election) Practice Directions, 2022.
The announcement was contained in a press release signed by the Director of Information of the Federal High Court, Dr. Catherine Oby Christopher, who said the new guidelines are designed to strengthen the administration of justice in pre-election matters in line with the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2026, and other applicable laws.
According to the Practice Directions, the objectives include ensuring fair, impartial and expeditious determination of pre-election cases, reducing delays caused by interlocutory applications, encouraging amicable settlement where possible, and minimizing unnecessary adjournments.
To facilitate the filing of time-sensitive election cases, registries of the Federal High Court across all judicial divisions will now remain open on Saturdays, Sundays and public holidays between 10:00 a.m. and 2:00 p.m. exclusively for the filing of pre-election matters.
The Practice Directions also prescribe that every pre-election suit shall be commenced by Originating Summons, accompanied by an affidavit, supporting exhibits, a written address and an affidavit of non-multiplicity of actions.
However, where allegations of fraud, forgery or other highly contentious facts are raised, parties may be required to present oral evidence through witnesses or documentary evidence during trial.
Under the new timelines, respondents are required to enter appearance within seven days of being served, while counter-affidavits and written addresses must be filed within 10 days. Applicants may file replies within three days where necessary.
To improve efficiency, written addresses are now limited to 15 pages, typed in double spacing with a 12-point font.
The Practice Directions also make provision for the use of technology in court proceedings, empowering judges to conduct proceedings virtually where appropriate. In addition, electronic mail and other electronic means may be used to notify counsel of urgent court events, provided such notices are issued at least 48 hours before the scheduled court date.
On case management, the court is required to fix hearing within seven days after the close of pleadings and continue to accord priority to pre-election matters until judgment is delivered.
To curb delays, the Directions provide that no party shall be granted more than two adjournments, while applications for adjournment will not be entertained on days fixed for hearing. Similar limits apply where a party seeks to change legal representation during the pendency of a case.
The Chief Judge is also empowered to assign judges to hear pre-election matters across judicial divisions or transfer cases from one division to another where necessary.
In line with Section 285(8) of the Constitution, rulings on preliminary objections and other interlocutory applications touching on the court’s jurisdiction will generally be deferred until final judgment, except where the objection relates to the service of originating processes.
The Practice Directions further require parties challenging the conduct or outcome of party primaries to join all relevant parties to the suit to enable the court to effectively determine the dispute.
END
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