From Victor Osula, Abuja
The Federal High Court (FHC) has issued the Federal High Court (Pre-Election) Practice Directions, 2026, by repealing the 2022 guidelines and introducing new measures, including a mandatory seven-day timeline for fixing hearings after the close of pleadings, to ensure the fair, impartial and expeditious determination of pre-election disputes across Nigeria.
The new Practice Directions, issued on Tuesday by the Chief Judge of the Federal High Court, Justice John Terhemba Tsoho, are to streamline the adjudication of pre-election matters ahead of future elections and ensure compliance with constitutional timelines.
The development was disclosed in a statement issued by the Director of Information of the Federal High Court, Dr Catherine-Oby Christopher.
Justice Tsoho said the Practice Directions were issued pursuant to the powers conferred on him under Sections 254, 285(9), (10) and (14) of the 1999 Constitution (as amended), Sections 29(5) and 88(2) of the Electoral Act, 2026, and other enabling laws.
According to the Chief Judge, the new procedural framework is intended to ensure that parties focus on issues genuinely in dispute, minimise time spent on interlocutory applications, encourage amicable settlement where feasible, and eliminate unnecessary adjournments that often delay the resolution of election-related cases.
“The Federal High Court of Nigeria hereby notifies members of the Bar, political parties, litigants and the general public that the Honourable the Chief Judge of the Federal High Court, Hon. Justice John Terhemba Tsoho, OFR, has issued the Federal High Court (Pre-Election) Practice Directions, 2026. It is instructive that the current Practice Directions have repealed the 2022 version”, the statement read.
Under the new rules, the provisions of the Federal High Court (Civil Procedure) Rules, 2019, will apply to issues not specifically covered by the Practice Directions.
The court directed judges handling pre-election matters to pay particular attention to Sections 29(5), (6) and (7), 83(5) and (6), and 88(1)-(4) of the Electoral Act, 2026, as well as Section 285(14)(c) of the Constitution.
The Practice Directions further require any party challenging the conduct or outcome of a political party’s primary election to join all relevant parties as respondents to enable the court to determine the dispute effectively.
Recognising the time-sensitive nature of pre-election litigation, the court announced that registries in all judicial divisions would remain open on Saturdays, Sundays and public holidays between 10:00 a.m. and 2:00 p.m. exclusively for the filing of pre-election matters.
The guidelines also provide that every pre-election case shall be commenced by an Originating Summons using the prescribed forms under the Federal High Court (Civil Procedure) Rules, subject to necessary modifications.
However, where allegations involve fraud, forgery or other highly contentious facts, parties are required to provide detailed particulars of such claims, while the court may receive oral testimony from witnesses and documentary evidence to resolve disputed issues.
The Practice Directions also empower the court and litigants to summon witnesses, compel the production of documents and conduct examinations and cross-examinations during proceedings.
In a move to enhance efficiency, the court approved the use of electronic communication, including email and other digital platforms, to notify counsel of urgent court activities and case events.
Judges are also authorised to leverage technology, including virtual hearings, in the conduct of pre-election proceedings where appropriate.
To fast-track the hearing of cases, the Practice Directions mandate that once parties have concluded the exchange of processes, the court must fix the matter for hearing within seven days.
The court further directed judges to accord continuous priority to all pre-election matters until final judgment is delivered.
The new framework also seeks to curb delay tactics by limiting adjournments. It provides that no party shall be granted more than two adjournments in any action governed by the Practice Directions.
Where a party fails to appear in court despite being duly served with hearing notices, the court may, either on its own motion or upon an oral application by counsel for the party present, deem the absent party’s written address as properly adopted and proceed with the matter.
The Court said the reforms are expected to strengthen judicial efficiency, promote timely resolution of pre-election disputes and ensure strict compliance with the constitutional deadlines governing electoral litigation in Nigeria.
