BY OBIOMA EZENWOBODO

BACKGROUND
By virtue of section 259 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Chief Judge of the Federal Capital Territory recently signed into law the High Court of the Federal Capital Territory Civil Procedure Rules 2025 which amended the High Court of the Federal Capital Territory Civil Procedure Rules 2018. The commencement date for the 2025 Rules is 3rd of March, 2025.

Below is a review of the 2025 Rules highlighting some far-reaching omissions, additions and changes in the 2025 Rules.

KEY INNOVATIONS

Introduction of Electronic filing and Virtual Proceeding
Filing and service of court processes can now be done electronically. Where a Claimant commences an action through electronic means, the Defendant shall equally adopt same method in response. Documentary exhibits and signature may also be done electronically. A proceeding may also be heard virtually upon an application by a party or by the direction of the court. This procedure will run parallel with the physical filing and hearing procedure. Litigants now have the option of choosing either the electronic or the physical filing procedures. The electronic filing procedure will be handled by an E-Filing Unit to be establish by the Chief Judge. (Order 3)

Pre-Trial/Case Management
Under the 2025 Rules, the Chief Judge may issue a Practice Direction on pre-trial/case management procedures but subject to the Chief Judge’s power to issue direction, a judge in managing his cases may give directions as to pre-trial issues. (Order 5)
This is a great departure from 2018 Rules that make extensive provisions for pre-trial conference, scheduling of settlement and trial of issues. Perhaps this innovation would give more discretion and flexibility to a Judge for quick dispensation of cases. This view is supported by Order 5 Rule 3, 2025 Rule that provides for a Judge to adopt a contemporary and best case management practices in the conduct of proceedings before him.

Status Quo Ante Endorsement
The provision of Order 4 Rule 9, 2018 that mandates parties to endorse on originating processes to preserve and maintain status quo ante until otherwise ordered by the court is omitted. The status quo ante endorsement ensures the maintenance of the res until otherwise decided by the court. Despite the obvious omission of the provision, the endorsement is still retained on Forms 1, 2, 3, 4 and F (dealing with originating processes) of the 2025 Rules.

Twelve (12) Months Life Span for Originating Process
Every originating process now has a 12 months life span. A claimant has within 14 days, after expiration of the life span, to apply for renewal of the process and the court may renew for a further period of 6 months. (Order 8 Rule 6, 2025 Rules)
Order 6 Rule 6(1), 2018 Rules provides for 6 months.

Entering Appearance
A defendant served with an originating process now has 21 days to file his memorandum of appearance. (Order 11 Rule 1, 2025 Rules)
Order 9 Rule 1(3), 2018 Rules provides for only 7 days.
Note: The 21 days period for the defendant to file his statement of defence, set-off or counterclaim upon being served with originating process is still retained. Also, a claimant still has 14 days to file his reply upon being served with the statement of defence, set-off or counterclaim. (Order 15 Rules 2 and 3, 2025 Rules)

Motion and other Applications
A party served with a motion or an application now has 7 days to file his written address and counter affidavit while the applicant has 5 days to reply on points of law. (Order 30, 2025 Rules)
Order 43 Rule 1(4) 2018 Rules provides for 7 days period for the applicant to reply on point of law.

Undefended List
In an undefended list procedure, a judge in chambers can now enter a suit for hearing in the undefended list after examining and finding the claimant’s claim fits to be heard as an undefended suit. Where the claim are not fit to be heard as an undefended suit, the judge in chambers shall direct that it shall be transferred to the general cause list for trial. (Order 34 Rule 1, 2025 Rules).

Also, upon service of the writ, the defendant now has 21 days within which to deliver to the Registrar, a notice in writing that he intends to defend the suit (Order 34 Rule 3, 2025 Rules). This innovation is a great departure from the 2018 Rules where the court must first hear in open court the suit before ruling whether to transfer it to the general cause list or enter a judgment on same (Order 35 Rule 1, 2018 Rules). Order 34 Rule 3, 2018 Rules provides for 5 days within which the defendant shall file a notice to defend.

Mode of Filing of Written Address
Every written address shall now be printed on white A4 size paper, in Times New Roman font size 14, set out in paragraphs, numbered serially and in 1.5 spacing. A written address shall not exceed 30 pages. Where a counter-claim is included, the written address shall not exceed 35 pages. On the other hand, a reply on points of law shall not exceed 10 pages. A soft copy of the address shall be submitted upon request by the Court. (Order 39, 2025 Rules)
This innovation encourages orderliness and formality as all processes before the court would bear same font and font size. The limit on number of pages of a written address will also encourage succinct and concise addresses. This will invariably lessen the huge burden on Courts and expedite speedy disposition of cases.

Fast Track Proceedings
The 2025 Rules have reduced application of fast track proceedings to only suits dealing on Banker/Customer Transactions and Commercial Transactions. The minimum monetary claim in actions under fast track proceedings has been increased from 50 million to 100 million. Another fascinating innovation is that where a trial has commenced, amendment of processes shall not be entertained. (Order 41, 2025 Rules).

The hitherto open-ended lists of suits that could be entertained through fast track proceedings provided by Order 37 Rules 4, 2018 Rules are no longer applicable. The implication being that any suit that can be fast tracked must be situated under the 2 lists provided.

Grant of Probate or Administration in General
Petition for grant of Probate or Letter of Administration with Will annexed shall be initiated after 14 days of the death of the deceased while petition for grant of administration without Will annexed shall be initiated after 21 days of the death of the deceased. (Order 56 Rule 4, 2015 Rules)

CONCLUSION
The above are key innovations contained in the 2025 Rules. The introduction of electronic filing of processes and virtual hearing of cases are welcoming as they are in tune with modern technology and will help to facilitate proceedings where parties and their witnesses are in different locations. The widening of the discretion of a judge in chambers to determine suitability of a suit to be transferred to undefended list and many other innovations are quite remarkable in quickening justice delivery. It is with utmost expectations that these innovations will meet the end for which they were made.

• Ezenwobodo is a Bar Leader and Senior Partner at Resolution Attorneys, Abuja. He can be reached at obiomadan@gmail.com

To join our CITY LAWYER Channel on WhatsApp, click here

To join our Telegram platform, click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on “X” (TWITTER) at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER or for Special Features, please email citylawyermag@gmail.com or call 08138380083.

All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.