The retired Chief Justice of Nigeria, Olukayode Ariwoola, has revealed key highlights of the new Supreme Court Rules 2024, which will now govern all proceedings at Nigeria’s apex court moving forward.
Ariwoola outlined some of the details of the rules on August 22, 2024, at the Supreme Court during a valedictory session in his honour, attended by Nairametrics analysts.
The new rules from the final court of the land emphasize the speedy conclusion of cases and severe fines against defaulting lawyers.
New Rules for Nigeria’s Apex Court
Rules of court serve as guides and procedures by which judges carry out the administration of justice within the purview of the 1999 Constitution.
Ariwoola disclosed that he signed off on the new rules following reviews by his successor, Justice Kudirat Kekere-Ekun, and brother justices of the apex court, namely, Justice Inyang Okoro, Justice Moronkeji Helen Ogunwumiju, Dr. Muiz Banire, SAN, and Yakubu C. Maikyau, SAN.
He expressed concern that the rules regulating procedures in the apex court were those made in 1985 when information technology, electronic transactions, and global telecommunications, among others, were either not in existence or in their formative stages.
He said the rules now recognize the dynamic and contemporary global changing demands of both the courts and the legal profession.
Here are the key highlights of the new Supreme Court rules as outlined by Ariwoola:
1: Virtual Filings
The new rules approve the formal introduction of a comprehensive e-filing system and the service of most processes by electronic means.
The virtual hearing protocols have also been set out in detail, while an electronic case scheduling and management system will be put in place.
An e-filing portal will be made available to counsel by the court.
2: Speedy Hearing, Parties to Serve
More duties have been imposed on lawyers to aid the speedy hearing of appeals.
According to the rules, where service is effected on a legal practitioner who has ceased to appear for any party, failure to inform the court expeditiously will be deemed an act of professional misconduct.
Also, service of processes on the Attorney General of the Federation or an Attorney General of a state is deemed sufficient service when the federal or state government of Nigeria is a party.
3: 21-Day Grace to File for Extension of Time
The apex court rules note that applications for extensions of time by lawyers have been abused over the years.
“If you have seven days to file a process (for extension of time) and you do not do so, you have another seven days automatically to do the needful. After the cumulative fourteen days, you have another seven days in which you will pay penalties for default. After twenty-one days, there is no extension of time,” the retired CJN said.
4: Bond or Warranty Required for Appeals in Monetary Judgments
To ensure diligence in monetary judgments, the apex court will require a warranty or bond from a reliable and reputable financial institution as a condition to hear the appeal.
5: No Stay of Proceedings Where Rules Are Disobeyed
According to the new rules, the apex court will not grant a stay of proceedings in an interlocutory appeal brought before it if the appeal fails to comply with the conditions of appeal.
The court will, of its own accord and without any request by the parties involved, dismiss the appeal.
6: Punitive Costs on Lawyers
With regard to costs, the apex court will now adequately award costs to compensate the respondent for the time spent coming to court.
Where counsel is engaged in an abuse of the process of the Supreme Court, punitive costs will be awarded personally against such counsel, including counsel representing the federal and state governments or representing an institution.
Ariwoola’s retirement today paves the way for Kekere-Ekun to step in as the acting CJ, subject to presidential approval.
