Order 10 — Fast Track Procedure

There shall be appointed an Assistant Registrar or any other Officer of the Court who shall be in charge of the Fast Track Registry of the Court and who shall:
(a) manage, coordinate and supervise the efficient and smooth functioning of the Fast Track processes, including processing of all Fast Track cases;
(b) publish the Weekly Fast Track Cause List every Friday or on such earlier day where Friday is a public holiday;
(c) perform any other function as may be assigned to him by the Chief Judge.

Where any of the parties specifically requests his matter to proceed by way of the Fast Track as in Form 12 the Judge assigned to have jurisdiction to hear and determine the case and such other cause or matter requiring exceptional urgency including but not limited to:
(a) claim or counterclaim in liquidated monetary relief of a sum not less than one hundred million naira; or
(b) action or cause is one involving a deceased whose remains is yet to be interred as a result of the litigation; or
(c) cause or action is one that has been pending in Court for at least five years and in which hearing is yet to commence; or
(d) cause or action is one which the Chief Judge in appropriate circumstances so designates; or
(e) cause or action is one involving the administration of estate; or
(f) such cause or matter that may be designated to be of exceptional urgency to be placed on the FastTrack as the Chief Judge may publish in a Practice Direction to that effect.

A Judge may not be assigned more than three Fast Track cases in one month.

(1) A Claimant or Counterclaimant shall present his Originating Process to the Assistant Registrar in charge of Fast Track accompanied by:
(a) Statement of Claim or Counterclaim;
(b) List of Witnesses and their Written Statements on Oath;
(c) List and copies of every document to be relied upon at the trial; and
(d) A duly completed Application Form as in Form 12 to place the cause or matter on the Fast Track.

(2) The Assistant Registrar shall, upon receipt of the Processes in sub-rule 1 of this Rule, issue an Acknowledgement and submit the cause or matter to the Chief Judge for approval or otherwise as in Form 13 or 14 as the case may be.

(3) Where the cause or matter is approved to be placed on the Fast Track, the Assistant Chief Registrar or any other person in that behalf shall cause the Originating Process to be marked “QUALIFIED FOR FAST TRACK” and the Applicant shall pay a Fast Track filing fee as in the approved Filing Fee Schedule without prejudice to the applicable filing fee payable on the Originating Process.

(4) The duration of time from the date of filing the application by the Applicant to have the cause or matter placed on the Fast Track to when it is approved or otherwise shall not exceed seven working days.

Time spent on litigation under the Fast Track Procedure shall not exceed ten months from the commencement of the action till final Judgement.

The Originating Process under this Order shall be served within three days of its approval to be placed on the Fast Track.

(1) Upon the service of the Originating Process, the Defendant shall file his Memorandum of Appearance, Statement of Defence and other front-loaded processes within seven days, if within jurisdiction and 30 days, if outside jurisdiction.

(2) The Claimant shall be entitled to file a Reply within three days of service of the Statement of Defence: Provided that sub-rules 1 and 2 shall not apply to cases where pleadings had already been settled before the commencement of these Rules.

(1) Except the Judge otherwise directs, the trial shall be conducted from day-to-day and in accordance with any Order previously made.

(2) A Judge may not grant an application for adjournment except for exceptional, cogent and compelling reasons shown, and for a period not exceeding three days from the date of the Order and at the cost of ten thousand Naira per every day of the adjournment payable to the opposing party.

(3) (a) Where a party or his Counsel may be absent from Court, such party or his Counsel shall promptly, before the date of fixture, inform the Court and the other party or his Counsel in writing.
(b) Where trial has commenced, the Court may proceed notwithstanding the absence of any of the parties or his Counsel.

(1) The trial period including the Final Address by Counsel shall not be later than one hundred days from the date on which the trial directions are made.

(2) (a) Where the party beginning has concluded his case, the Judge shall ask the other party if he intends to call evidence;
(b) Where the other party does not intend to call evidence, the party beginning shall within seven days after close of evidence file a Written Address;
(c) Upon being served with the Written Address, the other party shall within seven days file his own Address;
(d) Where the other party calls evidence, he shall within seven days after the close of evidence file a Written Address;
(e) Upon being served with the other party’s Written Address, the party beginning shall within seven days file his own Written Address;
(f) The party who files the first Address shall have the right of Reply on point of law which shall be filed within two days after service of the other party’s Address; and
(g) Where the time for filing of Written Address has elapsed and neither party filed any Address, the Judge shall proceed to Judgment on the pleadings and evidence before him.

(3) The Judge shall deliver Judgement on all Fast Track cases within thirty days of adoption of Final Addresses.