THE 2024 SUPREME COURT RULES
The Supreme Court of Nigeria issued new procedural rules, which took effect on the 1st of August 2024; the new rules repealed the 1985 rules. The new Rules aim to improve efficiency and access to justice, address procedural inefficiencies, align with modern legal administration practices, keep lawyers in check, and prevent abuse of court process.
The Key features of the 2024 Rules are:
- Electronic filing: Detailed provisions for filing court processes through the NCMS E-filing portal
- Virtual hearings: Detailed provisions for conducting virtual hearings
- Case Management System: A new system for managing cases
- Modified procedures: Changes to existing procedures for service of processes, hearing of applications, timelines for filing, and administration of costs
The Supreme Court Rules 2024 also introduced several innovations, one of which is the major focus of this Article.
EXTENSION OF TIME FOR FILING PROCESS UNDER ORDER 4 RULE 15 OF THE SUPREME COURT RULES 2024
Order 4 Rule 15 of the 2024 Rules provides as follows:
“The time provided by the Rules for filing of process shall be automatically extended in the first instance for the same period. In the second instance with payment of penalty for the time the applicant is in default but not exceeding the prescribed time. Thereafter, no application for extension of time shall be entertained except in an appeal against death sentence”.
The effect of the above rule on extension of time for filing a process is that the Supreme Court provided for a three-tiered approach to extending filing periods. In the first instance, after the time specified for taking any steps under the Rules elapses, the timeframe for submitting any process is automatically extended for the same duration. After the first automatic extension, the Supreme Court may grant a further extension upon payment of a penalty for any period of default, which period shall not exceed the prescribed time. No further applications for extension shall be entertained after this period except in an appeal against a death sentence.
An applicant is therefore, entitled to only three automatic extensions for the filing of process at the Supreme Court (the first is of right, then the second and third automatic extension). The third extension will attract a penalty before the application will be granted.
After the three time periods expire, the applicant will be automatically foreclosed from further filing of process. Any process filed against the provisions of Order 4 Rule 15 of the 2024 Rules will not be entertained by the Court save in the case of an appeal against a death sentence.
The Chief Justice of Nigeria, Justice Kudirat M.O Kekere-Ekun in a bid to clarify the application of Order 4 Rule 15 of the 2024 Rules, issued a memorandum on the 19th of November, 2024. In the memorandum, the Chief Justice stated clearly that the Supreme Court can no longer entertain any application to file any process in both civil and criminal appeal except for criminal appeal against a death sentence. Therefore, once the applicant has lost the three opportunities to file process, the Supreme Court will not entertain any application for an extension of time.
The Chief Justice further stated that if a process was filed out of time, but there is before the Court, a pending application to regularize such process filed out of time, the Court will consider such application.
What then happens to appeals pending before the Supreme Court before the effective date of the 2024 rules?
The Supreme Court addressed the above concern by a public notice dated on the 4th of February 2025 issued by the Chief Registrar of the Court stating that the Chief Justice approved a 30-day transitional period regarding the application of Order 4 Rule 15 of the 2024 Rules, taking effect on the 10th February and ending on 12th March 2025.
Litigants who failed to file processes within the stipulated time and did not file any application for regularisation of such process filed out of time by way of an extension of time within which to file the process before the effective date of the 2024 Rules can do so within the 30-days transitional period failure to do so; the Supreme court will not entertain such application again.
Litigants must adhere to the new rules to ensure expeditious disposal of appeals at the Supreme Court and avoid losing their right to appeal.
This article is for informational purposes only and should not be considered legal advice. For specific legal guidance, please contact our team directly.
For expert guidance on arbitration, litigation, and dispute resolution matters, please contact our specialized team in the Litigation & Dispute Resolution Practice , Part of our full-service offering across Lagos, Abuja, and Abakaliki. Please contact our partner Hans Offia on [email protected]
Hans Offia is the founder and managing partner at Hans Offia & Associates, a top Nigerian law firm with offices strategically located in Abuja, Abakaliki and Lagos, Nigeria. He is in charge of the Firm’s Dispute resolution and Banking & Finance practice groups.
