FHC Modifies 2026 Pre-Election Rules, Approves Digital Hearings

The Federal High Court has revised its 2026 Pre-Election Practice Directions, introducing new provisions that allow judges to hold virtual proceedings, move pre-election cases between judicial divisions and permit court registries to operate on weekends and public holidays for election-related filings.

The amended rules, issued by the Chief Judge of the Federal High Court, Justice John Tsoho, became effective on July 14, less than a month after the initial Practice Directions took effect on June 26.

In a statement released on Wednesday, the court’s Director of Information, Dr Catherine Christopher, said the amendments were made under the authority of Sections 254 and 285(9), (10) and (14) of the 1999 Constitution (as amended), Sections 29(5) and 88(2) of the Electoral Act, 2026, alongside other relevant laws.

According to her, the changes were designed to promote “the speedy, efficient, and fair determination of pre-election matters in keeping with the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2026, and other applicable laws.”

The updated Practice Directions retain several measures introduced in the earlier version, including strict timelines for resolving pre-election disputes, restrictions on unnecessary adjournments and limitations on interlocutory applications.

However, the new amendments introduce broader administrative and technological measures ahead of the 2027 general elections.

A key addition gives judges the authority to adopt technology-based procedures, including virtual hearings, when handling pre-election cases.

The revised rules also grant the Chief Judge the power to assign judges to hear pre-election matters outside their regular judicial divisions and to transfer cases between divisions where necessary.

“The Chief Judge shall have power to assign Judges to sit in any Judicial Division for the hearing and determination of pre-election matters and/or to transfer pre-election matters from one Judicial Division to the other,” the amended practice directions stated.

The court has also strengthened its electronic case management system by allowing notices on urgent matters and court proceedings to be communicated to lawyers through emails and other electronic channels, provided such notifications are sent at least 48 hours before the hearing date.

Although the rule limiting parties to a maximum of two adjournments remains in place, the amended guidelines now state that no request for adjournment will be considered on a date already fixed for hearing.

Lawyers who are replaced during the course of proceedings will also not be allowed more than two adjournments as a result of the change in legal representation.

The amended directions maintain the requirement that preliminary objections and other interlocutory matters involving jurisdiction must be decided together with the main case at the final judgment stage.

However, courts can now impose costs on parties or legal representatives who file interlocutory applications considered to be aimed at delaying proceedings.

The revised rules further require parties making allegations of fraud, forgery or other disputed facts to submit written depositions alongside their affidavits. Witnesses connected to such claims may also be subjected to cross-examination.

Other existing provisions remain unchanged, including the requirement for respondents to enter appearances within seven days and file their defence within 10 days, while applicants are given three days to submit replies.

The rules also maintain the page limits for written addresses, with submissions supporting originating summons restricted to 15 pages and those accompanying preliminary objections limited to 10 pages.

The Federal High Court introduced the first version of the 2026 Pre-Election Practice Directions on June 26 as part of efforts to ensure faster resolution of election-related disputes within the timelines provided by the Constitution.

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