FEDERAL HIGH COURT APPROVES VIRTUAL HEARINGS, AMENDS 2026 PRE-ELECTION RULES

FEDERAL HIGH COURT APPROVES VIRTUAL HEARINGS, AMENDS 2026 PRE-ELECTION RULES


The Federal High Court has amended its 2026 Pre-Election Practice Directions, introducing new measures that allow judges to conduct virtual hearings, transfer pre-election cases across judicial divisions and keep court registries open on weekends and public holidays for the filing of election-related cases.

The amended Practice Directions, issued by the Chief Judge of the Federal High Court, Justice John Tsoho, took effect on July 14, 2026, less than three weeks after the original rules came into force on June 26.

Announcing the changes, the court's Director of Information, Dr. Catherine Christopher, said the amendments were made pursuant to 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, and other relevant laws.

According to her, the revised rules are designed to promote the speedy, efficient and fair determination of pre-election matters in line with constitutional and electoral provisions.

One of the major changes empowers judges handling pre-election disputes to leverage technology, including virtual hearings, during court proceedings. The amendments also grant the Chief Judge the authority to assign judges to hear pre-election matters in any judicial division of the Federal High Court and to transfer such cases between divisions where necessary.

The new Practice Directions further strengthen electronic case management by allowing the court to notify legal practitioners of urgent proceedings and case events through email and other electronic means, provided the notice is issued at least 48 hours before the scheduled hearing.

While retaining the existing provision that limits parties to a maximum of two adjournments, the amended rules now prohibit applications for adjournment on days specifically fixed for hearing. Parties that change legal representation during proceedings will also remain subject to the two-adjournment limit.

The revised rules also maintain the constitutional requirement that preliminary objections and other interlocutory issues relating to jurisdiction be determined alongside the substantive suit at the final judgment stage. However, courts now have the power to award costs against parties or counsel who file interlocutory applications solely to delay proceedings.

Additionally, litigants making allegations of fraud, forgery or other disputed facts are now required to submit written witness depositions alongside affidavits, with such witnesses liable to cross-examination during trial.

Other provisions retained in the Practice Directions include timelines requiring respondents to enter an appearance within seven days and file their defence within 10 days, while applicants are allowed three days to file replies. Written addresses supporting originating summons remain limited to 15 pages, while those accompanying preliminary objections must not exceed 10 pages.

The Federal High Court introduced the original 2026 Pre-Election Practice Directions to accelerate the hearing and determination of election-related disputes ahead of the 2027 general elections in compliance with constitutional timelines.

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