Court Introduces Pre-Election Practice Directions, Opens Registries On Weekends

Chief Judge of the Federal High Court, Justice John Tsoho, has issued the court’s Pre-Election Practice Directions, 2026, outlining extensive measures to promote the prompt, efficient and fair resolution of pre-election disputes before the upcoming elections.

The new Practice Directions, which took effect from 29th June, 2026, revoked the 2022 Pre-Election Practice Directions, establish stricter deadlines for filing procedures, limit adjournments, permit virtual hearings, and mandate that all Federal High Court registries nationwide remain open on weekends and public holidays for the submission of pre-election cases.

In a statement signed by the director of Information of the Federal High Court, Dr Catherine Oby Christopher, the court explained that Justice Tsoho issued the Practice Directions to align the handling of pre-election matters with the Constitution of the Federal Republic of Nigeria, the Electoral Act, 2026, and other relevant laws.

Under the new rules, court registries in all divisions of the Federal High Court will open every Saturday, Sunday, and public holiday between 10 a.m. and 2 p.m., solely for filing pre-election matters, recognising the urgent nature of election litigation.

The Practice Directions also specify that all pre-election suits must be initiated by originating summons.

However, in cases involving allegations of fraud, forgery, or contentious facts, parties are required to provide details, and such issues must be proved by oral testimony or documentary evidence.

Applicants must accompany originating summonses with a statement of facts, relevant exhibits, a written address, and an affidavit confirming no multiple actions have been filed on the same matter.

Respondents are expected to enter an appearance within seven days of being served and file their counter-affidavit and written address, including any preliminary objections, within ten days. So applicants may file replies within 3 days if necessary.

To enhance efficiency, written addresses are capped at 15 pages and typed in double-spacing with a 12-point font.

The Practice Directions further empower the court to utilise technology, including virtual hearings, in conducting proceedings. At the same time, parties and their lawyers are required to provide functional telephone numbers and email addresses to enable prompt electronic communication in urgent court matters.

Justice Tsoho also has the authority to assign judges to hear pre-election cases in any judicial division and to transfer cases between divisions as needed.

The new rules tighten controls on adjournments, stipulating that no party may be granted more than 2 adjournments during a case. So that you know, applications for adjournments on hearing dates will not be entertained.

If counsel is unable to appear due to ill health or other unavoidable circumstances, another lawyer with sufficient knowledge of the matter must appear, or an application for a virtual hearing may be made if it is feasible and with the parties’ approval.

Furthermore, the Practice Directions specify that rulings on preliminary objections and other interlocutory matters relating to jurisdiction shall generally be deferred until the final judgment, except where objections concern the proper service of originating processes.

The Chief Judge also mandated that parties challenging the conduct or outcome of political party primaries must join all necessary parties to enable the court to rule effectively.

Justice Tsoho affirmed that the Practice Directions apply to all pre-election matters filed under the Constitution and the Electoral Act, 2026, while issues not explicitly covered will continue to be governed by the Federal High Court (Civil Procedure) Rules, 2019.

The new Practice Directions came into effect on 29 June 2026, superseding the 2022 framework for managing pre-election litigation before the Federal High Court.