The High Court of the Federal Capital Territory recently introduced its new Civil Procedure Rules which took effect on the 3rd day of March 2025, replacing the 2018 Rules. The notable changes include, amongst others electronic filings, virtual hearings, time to enter appearance, life span of originating processes etc.
Introduction
On the 7th day of November 2024, the Chief Judge of the High Court of the Federal Capital Territory, Honourable Justice Husseini Baba Yusuf, in discharging his constitutional obligations, issued the High Court of the Federal Capital Territory (Civil Procedure) Rules, 2025 (the "2025 Rules").1
The Recent Rules, which are only applicable to all High Courts of the Federal Capital Territory, came into force on the 3rd day of March 2025 and replaced the old civil procedure rules of 2018 (the "2018 Rules"). This article examines some of the key innovations of the 2025 Rules and the positive effects on litigants, judges and lawyers practising within the Federal Capital Territory.
Some of the notable innovations include:
- Electronic Filing and Virtual
Proceedings
The 2025 Rules have made significant milestones in digitalising the administration of justice by introducing detailed provisions for electronic filings. Under the 2025 Rules, litigants have an option of filing suits electronically and this electronic filing procedure will be handled by an E-Filing Unit to be established by the Chief Judge.2 The e-filing system does not extinguish the existing option of filing manually.3 According to the 2025 Rules, the filing method adopted by the Claimant in commencing an action is the same method that the Defendant is required to adopt in filing a response to the action.4 Furthermore, a Claimant who files a matter electronically may continue in the same manner until the determination of the matter.5 Where a document is required to be signed or made on oath, a party is at liberty to sign electronically and it will be deemed by the Court to have been properly signed.6 Court proceedings may also be heard virtually upon an application by a party or by the direction of the Court. - Life Span of Originating Process
Unlike the 2018 Rules, which provided for a 6-month lifespan for originating processes, the 2025 Rules have extended the lifespan of originating processes to 12 months.7 Also, under the 2018 Rules, an application for renewal of an originating process is required to be made before the expiration of 6 months from issuance. However, the 2025 Rules state that applications for renewal of originating processes can be made even after expiration, provided that the application is made within 14 days of the expiration and the Court is duly satisfied, that it was impossible to serve the originating process on the defendant within the life span.8 - Pre-Trial/Case Management
The 2025 Rules does not outrightly provide for pre-trial conference, scheduling of settlement, and trial of issues as against the 2018 Rules. Order 5 Rule 1 -3 of the 2025 Rules provides that this innovation is at the discretion of the Chief Judge to issue a Practice Direction and adopt contemporary and best-case management practices in the conduct of proceedings before him. - Time to Enter Appearance
The 2025 Rules has increased the number of days expected of a defendant to file his memorandum of appearance and other court processes. Order 11 Rule 1 of the 2025 Rules stipulates that "subject to the provisions of the sheriff and Civil Process Act, a defendant served with an originating process shall, within twenty-one (21) days, file in the registry as many copies of the completed and signed memorandum of appearance for service on the other party." This provision has given the defendant ample time to enter appearance and defend any suit against him, unlike the 2018 Rules that provided for 7 days.9
However, the 21-day period for the defendant to file his statement of defence, set-off or counterclaim upon being served with the originating processes 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.10 - Electronic Service of Hearing Notice:
The 2018 Rules provided that the court may serve hearing notices via email and/or SMS except as otherwise directed by the judge.11 However, this scope has been expanded under the 2025 Rules to include Email, WhatsApp, Telegram, SMS and/or any other electronic means.12 This is a notable contribution to legal practice because it aligns with the realities of the digital and technological era in the society. - Stay of Execution of Judgments from Lower
Courts:
Unlike the 2018 Rules, which provided that applications for stay of execution pending appeal can be made ex-parte,13 the 2025 Rules state that such applications can only be made on notice.14 Also, under the 2018 Rules, where an application is made for stay of execution, the Court may order that the Appellant's property be sold and the net proceeds be deposited with the Court pending determination of the appeal.15 However, this condition is missing in the 2025 Rules. It is therefore safe to say that the Court will no longer order the sale of the Appellant's property as a condition for stay of execution of judgment. - Judgment in Default of Pleadings:
While the 2018 Rules provided that default judgments can only be set aside on the grounds of fraud, non-service or lack of jurisdiction16, the 2025 Rules expunged these specified grounds leaving it at the discretion of the Court. In other words, the grounds to set aside default judgments is no longer limited, and may be extended to other factors that the Court deems sufficient. - Time for Filing Final Written Address and the
Appropriate Format:
The 2025 Rules reduced the number of days from 21 days to 15 days for filing the Claimant's final written address, where the Defendant does not call evidence. With respect to format, the 2018 Rules provided that a written address shall be printed on white A4 size paper, set out in paragraphs, and numbered serially,17 whereas the 2025 Rules have stipulated additional requirements. Under the 2025 Rules, a written address is now required to also have Times New Roman font style, 14 font size, and 1.5 line spacing.18 The number of pages has also been limited to 30 pages, and where there is a counter-claim, 35 pages. In addition, a Reply on points of law is not expected to exceed 10 pages. It should be noted that where an address exceeds the prescribed number of pages, the Court is empowered to discountenance the address.19 - Alternative Dispute Resolution
provisions
Under the 2018 Rules, when a matter comes before the Court for the first time, the judge shall, where appropriate, grant the parties time, not more than 30 days within which to explore the possibilities of settlement. The 2025 Rules has further expanded the scope for alternative dispute resolution of cases. It provides that "in the course of proceedings, the judge may grant the parties time within which they may explore possibilities for settlement of dispute."20 Where parties consent to explore a settlement of their dispute, the Court or judge shall by an enrolled order, refer the case to the Abuja Multidoor Courthouse for resolution within 21 days except the Court otherwise orders".21 These provisions of ADR will be of great advantage in ensuring the decongestion of cases in Courts as well as enhancing speedy dispensation of cases. - Cases involving Interlocutory
applications:
- Reply on point of law
The 2025 Rules has reduced the number of days for filing of Reply on points of law and Affidavits to Motions from 7 days to 5 days.22 - Non-contentious motions
The 2025 Rules empower Courts to deal with non-contentious applications in chambers with or without the appearance of counsel and may deem the written addresses in support of such applications as having been adopted.23
- Reply on point of law
- Default fees:
The Recent Rules provide that, "when a party defaults in performing any act that is required under the Rules within the authorised stipulated time, that party is liable to pay an additional fee of N500 (Five Hundred Naira) for each day of such default".24 This document of compliance is mandatory for every application for enlargement of time.25 - Cost for withdrawing suit:
Under the 2018 Rules, a Claimant has the discretion to, at any time before receipt of the defence or after receipt of the defence but before taking any other step in the action, discontinue his claim against all or any of the Defendants in the suit. The Claimant will be required to pay costs to the defendant(s) where he discontinues or withdraws the suit.26 The 2025 Rules also retain this provision concerning withdrawal of actions and goes further to expunge the requirement for payment of costs by the Claimant.27 Thus, where a claimant withdraws the case before the filing of defence, no costs will be paid to the defendant.
CONCLUSION
The above are key innovations contained in the 2025 Rules. Indeed, the introduction of the 2025 Rules is a welcome development. The Rules not only addresses the lapses in the 2018 Rules, it has also introduced innovation in our legal system to meet the technological demands of the present society especially, with respect to e-filings and virtual court hearings.
Footnotes
1. Section 274 of the 1999 Constitution (as amended) empowers the Chief Judge of the State to make rules for regulating the practice and procedure of the High Court of the State
2. Order 3 Part 1 Rule 2 of the 2025 Rules
3. Order 3 Part 1 Rule 5 of the 2025 Rules
4. Order 3 Part 1 Rule 6 of the 2025 Rules
5. Order 3 Part 1 Rule 7 of the 2025 Rules
6. Order 3 Part 1 Rule 9 of the 2025 Rules
7. Order 8 Rule 6(1) of the 2025 Rules
8. Order 8 Rule 6(2) of the 2025 Rules
9. Order 11 Rule 1 of the 2025 Rules
10. Order 15 Rule 1(2) & (3) of the 2025 Rules
11. Order 7 Rule 17 of the 2018 Rules
12. Order 9 Rule 17 of the 2025 Rules
13. Order 50 Rule 24 (4) of the 2018 Rules.
14. Order 46 Rule 23 (4) of the 2025 Rules.
15. Order 50 Rule 24 (4) (e) of the 2018 Rules
16. Order 21 Rule 12 of the 2018 Rules
17. Order 33 Rule 2 of the 2018 Rules.
18. Order 39 Rule 2 of the 2025 Rules.
19. Order 39 Rule 2 (ii-iii) of the 2025 Rules.
20. Order 28 Rule 1 of the 2025 Rules
21. Order 28 Rule 3(1) of the 2025 Rules
22. Order 30 Rule 1 (4) of the 2025 Rules.
23. Order 30 Rule 4 of the 2025 Rules.
24. Order 50 Rule 5(1) of the 2025 Rules
25. Order 50 Rule 5(2) of the 2025 Rules
26. Order 24 Rule 1(1) of the 2018 Rules
27. Order 23 Rule 3 of the 2025 Rules
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
