Chief Judge Issues New Federal High Court Rules for Pre-election Cases

In anticipation of court cases arising from the electioneering process, the Chief Judge of the Federal High Court, Justice John Tsoho, on Tuesday issued new Federal High Court (Pre-election) Practice Directions, replacing the 2022 guidelines. The new framework is designed to ensure the swift, efficient and fair resolution of election-related disputes.

Under the new rules, Court registries nationwide will remain open on Saturdays, Sundays, and public holidays between 10 a.m. and 2 p.m. exclusively for pre-election filings. The Court has limited adjournments to no more than two for both the court and the parties involved to prevent unnecessary delays.

“In cognisance of pre-election cases being time-sensitive in nature, the Registry of this Honourable Court in all the Judicial Divisions in the Federation shall be open on Saturdays, Sundays and Public Holidays, between the hours of 10 AM and 2 PM exclusively for the filing of Pre-Election matters,” the Practice Directions stated.

The FHC’s Director of Information, Dr Catherine-Oby Christopher, made this known in a statement on Tuesday in Abuja. Justice John Terhemba Tsoho issued the Federal High Court (Pre-Election) Practice Directions, 2026,” the statement read.

This, the CJ said, is in exercise of the powers conferred on him by virtue of Sections 254 and 285 (9), (10) and (14) of the 1999 Constitution (as amended); Sections 29 (5) and 88 (2) of the Electoral Act, 2026; and all other powers enabling him in that regard.

The Court said the practice directions are also aimed at ensuring that, in all election matters, the parties focus on matters that are genuinely in issue.

The CJ said the practice directions would minimise the time spent on interlocutory matters, ensure that the possibility of an amicable settlement is explored before the parties go into a hearing, and reduce undue adjournments and delays in the conduct of matters.

He also said that it was in line with the constitution, the Electoral Act, 2026, and other applicable laws.

“It is instructive that the current practice directions have repealed the 2022 version,” the CJ said.

According to a copy of the (Pre-Election) Practice Directions, 2026, attached to the statement, the provisions of the Federal High Court (Civil Procedure) Rules, 2019, shall apply to any issue not provided for in these Practice Directions.

“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), and 88 (14) 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 effectively determine the dispute,” it said.

It said, in cognisance of the time-sensitive nature of pre-election cases, that the registry of the court in all the judicial divisions shall be open on Saturdays, Sundays and public holidays between the hours of 10 am and 2 pm 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 court urged all stakeholders, including lawyers, political parties and litigants, to familiarise themselves with the new Practice Directions for effective compliance.

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