Order 6 — Service of Documents

(1) Any of the following persons may serve court processes:

(a) the Sheriff;
(b) the Deputy Sheriff;
(c) the party whose court process is to be served;
(d) the Legal Practitioner for the party whose court process is to be served;
(e) any other person authorised by the Chief Registrar either generally or in respect of any specific proceedings.

(2) A person described in sub-rule (1) of this Rule may be described as a document server when engaged accordingly, and is so described in these Rules.

The document server serves a Process by delivering a copy of it to the party to be served.

Where a Legal Practitioner files a representation notice on behalf of a party, the Process need not be served personally on such a party but may be served on such Legal Practitioner on his behalf.

A Court document in respect of which personal service is not expressly required by these Rules or any applicable law is sufficiently served if left with an adult person resident or employed at the address for service supplied, or sent to that address by Courier.

(1) Where these Rules or other applicable law requires personal service and the Judge is satisfied that timely personal service cannot be effected, the Judge may allow substituted service upon application by the party whose process is to be served.

(2) An application for substituted service shall be supported by an affidavit setting out the facts forming the basis of the application.

(3) Legal argument may not be necessary in applications for substituted service.

(4) The Judge may treat an application for substituted service in Chambers without being moved.

(1) Service by electronic means is proved by an affidavit of service by the document server responsible for transmitting the document to the person to be served.

(2) The affidavit of service shall exhibit a copy of:
(a) the document served;
(b) any cover sheet or email to that document;
(c) the transmission record;
(d) proof of electronic service of the document, and must state the:
(i) electronic means by which the document was served;
(ii) e-mail address or electronic means by which the document was transmitted; and
(iii) date and time of the transmission.

(3) Electronic confirmation of delivery shall be treated as proof of service of the document that is served electronically and may include written email response, a read receipt, a successful electronic transmission confirmation or an automated response that the document was posted in an online shared drive.

(1) Where a Defendant is a person under legal disability, service on his guardian is good and sufficient personal service on that Defendant.

(2) Direct service on a person over eighteen years of age, living independently or doing business, is good and sufficient service.

(3) The Judge may order that direct service on any person under legal disability is good and sufficient.

When a detainee or prisoner is a Defendant, service on the Superintendent or other responsible officer of the facility where the Defendant is, or on a responsible officer of the agency in charge of that facility, is good and sufficient personal service on the Defendant.

(1) Where persons are sued as partners in the name of a firm, the Originating Process shall be served upon any one or more of the partners or any person having control or management of the partnership business at the principal place of business within the jurisdiction.

(2) Service effected in accordance with sub-rule (1) of this Rule shall be deemed good service upon the firm whether any of the members is out of the jurisdiction or not, and no leave to issue an Originating Process against them shall be necessary.

(3) In the case of a partnership that has been dissolved to the knowledge of the Claimant before the commencement of the action, the Originating Process shall be served upon every person in the partnership within the jurisdiction sought to be made liable.

Serving of originating process or other Court document requiring personal service on a registered company, corporation or body corporate, may be done in any of the following ways:

(a) according to relevant statute governing service on that kind of organization;
(b) by delivery to a director, secretary, trustee or other senior officer of the organization;
(c) by leaving it with a responsible person at the registered, principal or advertised office or place of business of the organization in the jurisdiction; or
(d) by sending it to that office or place by courier.

(1) An originating process or other Court document requiring personal service may be served on a principal, senior or responsible officer or representative in the jurisdiction when the process:

(a) is against a foreign corporation or company within the meaning of the Companies and Allied Matters Act; and
(b) the company or corporation has an office or does business in the jurisdiction; and
(c) the claim is limited to a cause of action arising in the jurisdiction.

(2) Where a foreign company has obtained a separate entity to carry on business in Nigeria in accordance with the Companies and Allied Matters Act, personal service shall be effected on one of the persons authorised to accept service on behalf of the company.

(1) Subject to the provisions of the Sheriffs and Civil Process Act, a Writ of Summons or other Originating Process issued by the Court for service outside the State shall be endorsed by the Registrar of the Court with the following Notice: “This Summons (or as the case may be) is to be served out of Akwa Ibom State of Nigeria and in ………………. State of Nigeria”.

(2) Information on Court document for service outside Jurisdiction. The Registrar shall state on every process issued by the Court for service outside the jurisdiction, a note to the effect that it is to be served outside the jurisdiction, indicating precisely where it is to be served.

An Originating Process or other Court document relating to or arising out of a contract that has been entered into in the jurisdiction:

(a) by or through an agent living or doing business in the jurisdiction; and
(b) by or through an agent living or doing business outside the jurisdiction, may be served on the agent, but a copy shall be sent to the principal by courier.

Where a person to be served, whether alone or in concert with others, resists service or applies or threatens violence to the document server so as to frustrate service, the document server may simply leave the court document within the reach of the person to be served, and that is good and sufficient service for all purposes.

(1) After serving an Originating Process or other processes, the document server shall promptly:

(a) file a certificate of or statement as to service of a true copy of the process served, indicating the fact, date, time, place and mode of service; or
(b) depose to and file an affidavit setting out the fact, date, time, place and mode of service, and describing the Process or other processes served.

(2) The certificate, statement, or affidavit filed is proof of service as stated in it.

(3) The Court may proceed without proof of service if the party to be served admits having been served with the relevant Process, even if service was not done in accordance with these Rules.

The party requiring service of a Court Process bears all costs and expenses of service.

Service of any kind of Court Process shall be done between 6 a.m and 6 p.m on any working day.

(1) The Registrar shall maintain a Service Register of details of service, including:

(a) names of the parties;
(b) description of the Court Process;
(c) method of service;
(d) how the document server ascertained that the right person was served; and
(e) if service was unsuccessful, cause of failure to serve.

(2) An entry in the Service Register or a certified copy of it is prima facie evidence of the matters stated therein.