Supreme Court Rules 2024

INTRODUCTION 

The new Supreme Court Rules 2024 (the “2024 Rules”) effectively repealed and replaced the longstanding Supreme Court Rules of 1985 (the “1985 Rules”). The 2024 Rules came into effect on 15 August 2024 upon publication in the official Gazette; they only became publicly accessible on the 2nd of October 2024.

The 2024 Rules have already sparked considerable interest within the legal circles, particularly among practitioners in Nigeria’s dispute resolution landscape. The New Rules are in tune with current trends of legal practice in Nigeria and necessary to have a seamless judicial process, especially as it relates to the Supreme Court’s procedures and practice. The New Rules contain numerous innovative changes that are all geared towards improving efficiency and ease in the administration of justice by the Supreme Court.

This write-up seeks to show the key changes introduced in the 2024 Rules, with a particular focus on their implications for legal practice in Nigeria and how LawPavilion can help ease or facilitate its transition. 

KEY CHANGES / PROVISIONS

New Terms and Definitions

The New Rules defined terms that were not previously defined in the Old Rules. These newly included general definitions enhance clarity in understanding key terms commonly used in court proceedings and they include: ‘Applicant, Bailiff, Cause, Presiding Justice, Chief Registrar, Registrar of Lower Court, Trial Court, Court Sitting, Costs, Indigent Person, Legal Representative, Out of Jurisdiction, Recording, Electronic Device, Judgments, Virtual Hearing, and Registry’.

Applications

Applications under Order 4 Rule 1 provide that all applications to the Court shall be made by motion on notice, specifying the relevant rule and grounds for the relief sought. Such application shall be supported by an affidavit, and for the first time, the Supreme Court now requires the filing of a written address, which shall not exceed 10 (ten) pages, to accompany each application.

The 2024 Rules in Order 4 Rules 2-4 now contain provisions regarding timelines for response to an application and for a reply to the response. Now, the number of days for the respondent to respond to the notice of motion filed by the appellant is fourteen (14) days, while the number of days within which the appellant may reply is seven (7) days. 

For page limit In the New Rules, a Written Address shall not exceed ten (10) pages, while a Reply on Point of Law shall not exceed five (5) pages. 

For applications seeking an extension of time to appeal or to seek leave to appeal, the 2024 Rules expands the formal prerequisites. In addition to including a copy of the judgment under appeal and relevant proceedings to substantiate the complaints, applicants must now attach: A certified true copy of the trial court’s decision; A copy of the Court of Appeal’s order refusing leave (if applicable); A written address in support of the application. 

The New Rules introduced a three-tiered approach to extending filing periods. Firstly, after the time specified for taking any steps under the Rules elapses, the timeframe for submitting any process is automatically extended for the same duration. Secondly, following the first automatic extension, the Supreme Court may grant a further extension upon payment of a penalty for any period of default, which period shall not exceed the prescribed time. Lastly, no further applications for extension shall be entertained after this period, except in an appeal against a death sentence.

The 2024 Rules in Order 4 Rule 13 provide that a respondent intending to raise a preliminary objection must file a notice of that objection and include it in their Respondent’s brief of argument. This is to clarify the procedural requirements surrounding preliminary objections and ensure that all parties are adequately informed and prepared for the issues to be addressed in the appeal.

Non-Contentious Applications Taken in Chambers 

A single Justice of the Supreme Court can now decide non-contentious applications in chambers, provided that the Respondent files a notice of intention not to contest the application within twenty-one (21) days of service of the application on him.

Electronic Record of Appeal and Closing Time of Registry

The Supreme Court now recognizes electronic records of appeal, as the new rules specify that the Chief Registrar shall have custody of records (both physical and electronic) of relevant documents and processes. The Registrar of the Supreme Court is mandated to keep appeal books in physical and electronic forms and to furnish to the Electronic Unit of the Registry of the Court copies of the filed processes in an appeal or a suit to enable the Electronic Unit to prepare an electronic file which shall be uploaded and stored for access by the Justices of the Court.

The time for the Registrar of the Court to compile and transmit the record of appeal was reduced to three (3) months. However, at the expiration of 30 (thirty) days after the filing of the notice of appeal, the Registrar has failed to compile and transmit the record of appeal. The appellant should compile the record of appeal, encrypt and transmit it to the Registry of the Supreme Court. 

The closing time of the Court’s Registry was extended from 1p.m to 4p.m in the afternoon. 

Appellant’s Filing of Proof of Sums Ordered

The New Rules provide that within twenty-one (21) days after filing a Notice of Appeal, or before the transmission of the Records of Appeal (whichever is earlier), the Appellant shall provide proof evidencing that all sums, either by way of damages or costs, that the Appellant had been ordered to pay to the Respondent have been paid into an escrow account in a commercial bank in the name of the Chief Registrar of the Supreme Court. Thereafter, the Appellant will forward a Certificate of Compliance with order of costs to the Registrar of the lower court for records. Failure of the Appellant to provide this Certificate of Compliance may lead to the Supreme Court dismissing the appeal without hearing arguments, as it may be deemed that a precondition for the appeal was not adhered to.

Reference as to the Constitution and Reserved Points of Law

With regards to the case stated in reference to the Constitution and reserved points of law, the New Rules make a reduction in the number of copies of records to be transmitted from the lower court to the Supreme Court to ten (10) copies as against the twelve (12) copies in the repealed rules. Electronic copies can also be transmitted. 

Entry of Appeal

An appeal would only be entered in the Supreme Court when the record of appeal has been received in the Registry of the Supreme Court within the time prescribed by the Rules or within such other extended time as ordered by the Court. The Supreme Court shall be only be seised of the whole of the proceedings and every application therein shall be made to the Supreme Court after an appeal has been entered. Order 7 Rule 1 and 2 of the 2024 Rules 

Stay of Proceedings Pending Interlocutory Appeal

Ongoing proceedings in a lower court would not be stayed by an interlocutory appeal made to the Supreme Court. This provision ensures that while interlocutory appeals are being heard by the Supreme Court, the matter at the lower court will continue to be heard concurrently with the Supreme Court’s determination of the interlocutory appeal. 

Fixing / Assessing Costs

The Supreme Court was enjoined to fix an amount that will indemnify the successful party for expenses that have been unnecessarily put in proceedings and compensate for the time and effort expended in coming to court by the New Rules. 

Effect of Failure to File Appellant’s Brief

The New Rules provide clarity as to what may prompt the Supreme Court to dismiss a suit in chambers where the Appellant is out of time and has not sought an extension, as failure of the Appellant to either file its brief within time or to apply for extension of time may entitle the Supreme Court to dismiss the appeal in chambers upon (a) application by the Respondent or (b) registrar’s certificate confirming that the Appellant had failed to file within time or apply for extension of time. 

Additionally, where an Appellant has failed to file their brief within the stipulated time in the rules or the time as extended by the court, the Respondent may apply for the appeal to be dismissed for want of diligent prosecution. This means that the consequence for want of diligent prosecution is an order of dismissal and not striking out Order 16 Rule 9 of the 2024 Rules. 

Briefs of Argument

The following changes were made in the timelines and durations for taking certain steps regarding brief of arguments and they are: 

• the time within which to file the appellant’s brief after receipt of the record of appeal is now 90 days as against 10 weeks.

• Respondent’s brief to be filed within 30 days of service of the Appellant’s brief as against 8 weeks.

• Reply brief to be filed within 14 days of service of the Respondent’s brief instead of the previous 4 weeks.

• Oral arguments from each side would now be for 15 minutes, unless otherwise directed.

Formatting requirements are now limited to 45 pages for briefs; font size 16 with single spacing.

Electronic Filing, Record Keeping and Virtual Hearing

Parties required to file any documents, processes or applications are to do them through the E-Filing portal, but this would only commence after the announcement by the Chief Justice of Nigeria. Do note that upon commencement of this e-filing regime, no other mode of filing will be valid. For affidavits, a scanned copy can be uploaded on the E-Filing portal and the original handed in at the Supreme Court registry. Only documents received through and stored in the portal will be regarded as proper records of the Supreme Court.

The Supreme Court is now authorized to conduct proceedings virtually where it deems fit and make provisions for notification, dress code, etiquette and other matters related to virtual hearings. Order 17 and 18 Rule. 

Case Scheduling and Management System

A case scheduling and management system (CSMS) was introduced by the New Rules and it empowers the Chief Justice to issue practice directions for the manner, form and administration of the CSMS. 

CONCLUSION 

The Supreme Court Rules, 2024, represent a substantial upgrade in both content and form from the old Rules of 1985. This new framework not only addresses the procedural inefficiencies of its predecessor but also aligns the Supreme Court with contemporary practices in legal administration.

It would ensure speedy dispensation of justice and bring the practice and procedure of the Supreme Court in line with digital realities. It aims to improve efficiency and access to justice at the highest level of Nigeria’s judiciary. It would act to keep lawyers in check as well as prevent abuse of court process. 

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