LEGAL PRINCIPLE: CIVIL PROCEDURE – Practice and Direction – Federal High Court – Adoption of Lagos High Court Rules Where FHC Rules Silent
PRINCIPLE STATEMENT
The jurisdiction vested in the court shall, so far as practice and procedure are concerned, be exercised in the manner provided by this Act or any other enactment or by such rules and orders of court as may be made pursuant to this Act or, in the absence of any such provisions, in substantial conformity with the practice and procedure for the time being in force in the High Court of Lagos State.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, quoting section 9 of the Federal High Court Act, in Iyke Medical Merchandise v. Pfizer Inc & Anor (2001) NLC-291996(SC) at p. 8; Paras A–B.
"The jurisdiction vested in the court shall, so far as practice and procedure are concerned, be exercised in the manner provided by this Act or any other enactment or by such rules and orders of court as may be made pursuant to this Act or, in the absence of any such provisions, in substantial conformity with the practice and procedure for the time being in force in the High Court of Lagos State."
EXPLANATION / SCOPE
Where the Federal High Court Rules are silent on a matter of practice and procedure, the court shall exercise its jurisdiction in substantial conformity with the practice and procedure of the High Court of Lagos State. Section 9 of the Federal High Court Act provides this gap-filling provision. The principle ensures that the Federal High Court is not paralysed by silence in its own rules. It adopts the Lagos High Court Rules as a procedural guide. The adoption is “substantial conformity,” not absolute adherence. The provision prevents procedural gaps from defeating justice. The court may adapt Lagos practice to fit federal jurisdiction. The principle ensures uniformity and predictability.
