The Federal High Court of Nigeria has issued an amended pre-election practice directions 2026, introducing new procedural measures aimed at ensuring the speedy, efficient and fair determination of pre-election disputes ahead of the country’s electoral process.
The amendment was issued by the Chief Judge of the Court, Justice John Terhemba Tsoho and announced in a press release signed by the Director of Information, Dr. Catherine Oby Christopher, on Wednesday.
According to the court, the amended Practice Directions modify the initial Federal High Court (Pre-Election) Practice Directions, 2026, which came into force on June 26, 2026.
The new provisions were made pursuant to Sections 254 and 285(9), (10) and (14) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), as well as Sections 29(5) and 88(2) of the Electoral Act, 2026.
The court said the amendments are designed to strengthen the expeditious resolution of pre-election matters in line with constitutional and statutory timelines governing election-related litigation.
Among the notable changes is a requirement that litigants challenging the conduct or outcome of party primaries must join all necessary parties in the suit to enable the court to effectively determine the dispute.
The Practice Directions also provide that registries of the Federal High Court in all judicial divisions will remain open on Saturdays, Sundays and public holidays between 10 a.m. and 2 p.m. exclusively for the filing of pre-election matters, reflecting the time-sensitive nature of election litigation.
Under the amended rules, all pre-election cases are to be commenced by originating summons. However, where allegations of fraud, forgery or other highly contentious facts are made, parties are required to file written witness depositions in addition to affidavits, with witnesses liable to cross-examination.
The amendments also prescribe strict timelines for filing court processes. Respondents are required to enter appearance within seven days of service of the originating summons and file their counter-affidavits and written addresses within 10 days.
Applicants may file replies within three days where necessary, while page limits have been imposed on written addresses and replies to encourage concise submissions.
In a move to discourage procedural delays, the Practice Directions prohibit service of court processes on the day fixed for hearing and encourage the use of electronic mail and other electronic means to notify counsel of urgent court events, provided such notifications are given at least 48 hours before the scheduled court date.
The Chief Judge also retains the power to assign judges to any judicial division or transfer pre-election matters between divisions where necessary, while judges handling such cases are expressly empowered to conduct proceedings using technology, including virtual hearings.
The amendments further require courts to fix hearing dates within seven days after parties have completed the exchange of processes and to accord priority to pre-election matters until judgment is delivered.
To curb delays, the Practice Directions limit adjournments to not more than two for any party and provide that no application for adjournment shall be entertained on a day fixed for hearing.
Where counsel is unable to attend proceedings because of ill health or other unavoidable circumstances, another counsel familiar with the case is expected to appear or, where practicable and with the consent of the parties, seek a virtual hearing.
On interlocutory applications, the amended rules provide that preliminary objections and other jurisdictional issues shall, in line with Section 285(8) of the Constitution, be heard together with and determined at the final judgment, except where the objection relates to service of originating processes.
The Practice Directions preserve proceedings already commenced before the amendments took effect and define pre-election matters in accordance with Section 285(14) of the Constitution.
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