Court Unveils New Pre-Election Practice Directions
The Federal High Court has overhauled the way it handles disputes over party primaries and candidate nominations, issuing fresh Practice Directions that impose strict filing timelines, cap adjournments and open court registries on weekends, as the country edges toward the 2027 general elections.
The Federal High Court (Pre-Election) Practice Directions, 2026, issued by the Chief Judge, Justice John Terhemba Tsoho, came into effect on June 29, 2026. The court’s Director of Information, Dr. Catherine Oby Christopher, announced the development in a statement on Monday in Abuja.
The Chief Judge said the framework was made under Sections 254 and 285(9), (10) and (14) of the 1999 Constitution as amended, and Sections 29(5) and 88(2) of the Electoral Act, 2026. The new rules formally repeal the 2022 version that governed the last general elections.
The reforms speak directly to a problem that has long dogged Nigerian elections: litigation that drags on past the point of usefulness. The Constitution gives courts 180 days to determine election petitions and 60 days for appeals, timelines that have repeatedly forced judges to race the clock. The new directions push that discipline to the pre-election stage, where battles over primaries are decided.
Under the framework, respondents must enter appearance within seven days of being served and file their defence within 10 days, while applicants may reply within three days. Written addresses must be concise, typed in 12-point font, double-spaced, and must not exceed 15 pages. Once parties finish exchanging processes, the court must fix a hearing within seven days and accord priority to the matter until judgment.
To curb delay, the rules provide that not more than two adjournments shall be granted to any party, with applications for adjournment barred on dates already fixed for hearing. Registries in all judicial divisions will open on Saturdays, Sundays and public holidays between 10 a.m. and 2 p.m. exclusively for filing pre-election matters. The court also embraced technology, permitting virtual hearings and electronic service of notices.
The timing is no accident. A party challenging the conduct or outcome of a primary must now join all relevant parties as respondents, a direct response to suits that collapse over technical non-joinder. The directions arrive amid a wave of conflicting judgments unsettling preparations for 2027. The Independent National Electoral Commission has filed appeals against two Federal High Court rulings, in Youth Party v. INEC delivered on May 20, 2026, and SDP v. INEC delivered on May 26, 2026, that questioned and partly nullified timelines in its election schedule.
The opposition Peoples Democratic Party faces its own crisis. With over 21 cases reportedly pending across courts and conflicting rulings over its leadership, the party risks entering the 2027 cycle without a legally secure framework to field candidates.
INEC’s frustration with the courts is not new. As far back as 2018, the commission complained of being served multiple conflicting orders from courts of coordinate jurisdiction within months. Whether the 2026 directions ease that pattern will become clear as parties begin nominating candidates. The court urged the Bar, political parties and litigants to familiarise themselves with the new rules for effective compliance.