Federal High Court Introduces Weekend Filing for Election Cases

(High Court. Photo by Daily Nigerian)

As courts grapple with a surge of pre-election litigation, the Federal High Court’s new Practice Direction now allows litigants to file processes on weekends and public holidays.

The Chief Judge, Justice John Tsoho, who repealed the 2022 version of the Practice Directions, has directed the Registry of the Court in all Judicial Divisions to henceforth open on Saturdays, Sundays, and public holidays, between 10 a.m. and 2 p.m., specifically for the filing of pre-election cases.

The new directive came barely 24 hours after the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, decried the increasing delays in the adjudication of cases.

Speaking at the opening of the National Workshop on Case Management for Judges of the Superior Courts of Record, organised by the National Judicial Institute in Abuja, the CJN called for proactive measures to tackle delays in the administration of justice and strengthen public confidence in the judiciary.

She maintained that the judiciary’s effectiveness is measured not only by the quality of its judgments but also by the speed and efficiency with which cases are received and resolved.

Ahead of the 2023 general elections, Justice Tsoho had constituted special panels to clear the backlog of cases plaguing the court’s dockets.

He had lamented that some judges had over 1,000 pending cases in their files, noting that the situation was particularly worse in the Abuja, Lagos, and Port Harcourt divisions of the court.

According to the CJ, Sections 29(5) and 84(14) of the Electoral Act, 2022, vest in the High Court exclusive jurisdiction to hear and determine pre-election complaints, with Section 285(10) of the 1999 Constitution, as amended, mandating that such cases be concluded within 180 days of the date of filing.

He said this was notwithstanding the judges’ existing high-volume dockets, which present enormous challenges, adding that it was necessary to place on record that the Electoral (Amendment) Act, 2022, was enacted without any consultation with the court.

He further noted that no support whatsoever was provided to address the increased responsibility, stating that this weighed heavily on the court’s operations.

He made these remarks during a special session the High Court held to mark its 2022/2023 legal year.

The avalanche of cases awaiting adjudication in various courts across the country also led the Body of Senior Advocates of Nigeria to demand the establishment of a National Constitutional Court to be saddled with the responsibility of determining all election-related cases.

The legal body bemoaned the fact that many matters, including fundamental rights enforcement suits, have continued to suffer adjournments owing to political cases flooding the High Court.