The Chief Judge of the Federal High Court (FHC), Justice Terhemba Tsoho, has issued the Federal High Court (Pre-Election) Practice Directions, 2026.
Disputes arising from the conduct of primary elections are entertained by the Federal High Court.
According to Dr. Catherine Christopher, Director of Information FHC of Nigeria, the Practice Directions is intended to enhance the speedy, efficient, and fair determination of 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.
With the issuance of the 2026 Practice Directions, the 2022 version has been repealed.
Under the current Practice Directions, the court may use electronic mail and other electronic means to inform counsel of urgent court and case events, and a judge handling a pre-election matter may leverage technology to conduct proceedings, including virtual hearings.
The FHC (Civil Procedure) Rules, 2019 shall apply to any issue not provided for in these Practice Directions, the statement noted.
“The court, in every pre-election matter before it, shall pay particular attention to the provisions of Sections 29 (5) (6) (7), 83 (5) & (6), 88 (1 4) of the Electoral Act, 2026 and Section 285 (14) (C) of the 1999 Constitution (as amended). A party challenging the conduct or outcome of a primary election shall join as respondents in the suit all the relevant parties to enable the court to determine the dispute effectively,” it said.
According to the Practice Directions, in recognition of the time-sensitive nature of pre-election cases, the court registry in all judicial divisions should be 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.
“Every pre-election matter shall be commenced by an Originating Summons as specified in Forms 3, 4 and 5 of Appendix 6 to the Federal High Court (Civil Procedure) Rules, with such variations as circumstances may require.
“Provided, however, that where a party alleges fraud, forgery or highly contentious facts in a pre-election matter, the parties shall, in addition to or in lieu of affidavits, set out the particulars of such alleged facts; which shall be examined by way of calling of witnesses viva voce or receiving of documents in evidence.
“The parties and the court shall be entitled to summon any person to attend, to produce documents before it, or to be examined or cross-examined before it in like manner at the hearing of the suit,” it said.
Accordingly, and “upon the close of the exchange of processes between the parties, the court shall, within seven days, set down the matter for hearing. The court shall continue to accord priority to all pre-election matters until judgment is delivered.
“Where a matter comes up for hearing under these Practice Directions and either of the parties is absent, the court shall either suo motu or upon oral application by the counsel for the party present, order that the address of the party absent be deemed adopted if it is satisfied that the parties had notice of proceedings.
“The court and the parties shall prevent unnecessary delays, and accordingly, not more than two adjournments shall be granted to any party to an action covered by the provisions of this Practice Directions.”
