An Abuja-based legal practitioner, Obioma Ezenwobodo, has hailed the changes in the Federal Capital Territory Civil Procedure Rules 2025, which amended the High Court of the Federal Capital Territory Civil Procedure Rules 2018.
The application of the Procedure Rules, which was signed into law by the FCT Chief Judge in line with the provisions of section 259 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), will commence on 3rd March, 2025.
Ezenwobodo, who is the Senior Partner of Resolution Attorneys, said in a statement on Tuesday that the introduction of electronic filing of processes and virtual hearings of cases are in tune with modern technology and will help facilitate proceedings where parties and their witnesses are in different locations.
He also said the widening of the discretion of a judge in chambers to determine the suitability of a suit to be transferred to the undefended list and many other innovations are quite remarkable in quickening justice delivery. He added that it is with utmost expectation that the innovations will meet the ends for which they were made.
He explained that filing and service of court processes can now be done electronically and that, where a Claimant commences an action through electronic means, the Defendant shall equally adopt the same method in response.
Ezenwobodo also said that documentary exhibits and signatures may also be done electronically, and proceedings may also be heard virtually upon an application by a party or by the direction of the court.
This procedure, he said, will run parallel with the physical filing and hearing procedure, and 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 established by the Chief Judge.”
Another innovation in the 2025 rules, he said, is the Pre-Trial/Case Management. Under the 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.
In his words, “This is a great departure from the 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 of the 2025 Rules, which provides for a judge to adopt 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,” the lawyer added.
“Twelve Months Life Span for Originating Process, he said, is another innovation, as every originating process now has a 12-month life span. A claimant has within 14 days after the expiration of the life span to apply for renewal of the process, and the court may renew it for a further period of 6 months. (Order 8 Rule 6, 2025 Rules) Order 6 Rule 6(1), 2018 Rules provides for 6 months.
Ezenwobodo said, by the rules, 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 and pointed out that the 21-day period for the defendant to file a statement of defence, set-off, or counterclaim upon being served with an originating process is still retained.
Also, he said, 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)
The lawyer further stated that in the new rules, 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 a 7-day period for the applicant to reply on points of law.
“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 claims 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.
“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. 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 the 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.
“The 2025 Rules have reduced the application of fast track proceedings to only suits dealing with 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. 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 is that any suit that can be fast-tracked must be situated under the two lists provided.
“Grant of Probate or Administration in General Petition for the grant of Will with Probate or Letter of Administration shall be initiated after 14 days of the death of the deceased, while a petition for the grant of administration without Will annexed shall be initiated after 21 days of the death of the deceased,” he said.
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