Order 2 — Institution and Trial of Suits

(1) Subject to the provisions of the Act on transfer of suits, an originating process in respect of a matter in which the Court has jurisdiction shall be filed in any Registry of the Court nearest to where the defendant or respondent resides or has presence or in which the defendant or respondent carries on business.

Provided that where economic, security, environmental or other exigencies warrant, an originating process may be filed in the Court’s Registry in a Judicial Division other than that closest to the place of residence or business of the defendant(s) or respondent(s).

(2) Upon the filing of the originating process pursuant to sub-rule (1) of this rule, any hearing notice in respect of the case or matter shall be promptly served on the Defendant(s) or Respondent(s) and may be heard and determined at a Judicial Division as may be directed by the President of the Court.

(1) In any State where the Court does not have a resident Judge, there shall be a State Registry.

(2) Notwithstanding the provisions of sub-rule 1 of this rule, the President of the Court, may by a Practice Direction establish a Registry in any part of a State with a Judicial Division where the interest of justice and convenience of the stakeholders so demand.

(3) The State Registry shall perform the following functions:
(a) Receiving for filing:
(i) complaints;
(ii) originating summons; or
(iii) interim applications; or
(iv) interlocutory applications; or
(v) ex parte motion;
(vi) motions on notice; or
(vii) witness statement on oath; or
(viii) any other process.
(b) Transmitting processes filed to the nearest Judicial Division for necessary action;
(c) Issuing hearing notices to parties or their counsel, as may be required;
(d) Serving court processes on parties in a suit before the Court;
(e) Providing service of Commissioner for Oaths for affidavits or any other oath;
(f) Performing any other function as the President of the Court or a Judge of the Court may direct from time to time.

(4) In filing any process in a State Registry, parties or their counsel shall comply with all applicable provisions of the Rules of this Court.

(5) Any process submitted for filing in any of the Registries of the Court which does not comply with any of the applicable Rules of this Court shall be rejected by the Registrar.

(6) Service of any process filed in any of the State Registries, shall comply with the provisions of Order 7 and all other applicable provisions of the Rules of this Court.

(7) Where an Officer in a State Registry wrongly or mistakenly accepts any process which does not comply with the provisions of these Rules on filing, such process shall be incompetent and shall not be allowed by the Court to be used for the purpose for which it is intended.

(8) In furtherance of and in compliance with sub-rule 6 of this Rule, any process filed in any of the State Registries shall be deemed proper.

(1) The State Registries may have Judge’s Chambers.

(2) Motions ex-parte or interlocutory applications shall only be heard by Judges in open court.

(3) Notwithstanding the provisions of sub-rule 2 of this rule, in appropriate cases, the President of the Court may direct that a Judge of the Court take an interlocutory application other than motion ex-parte in Chambers of the Registry where the Court has no Judicial Division.

(4) Where a Judge takes or hears an application in line with sub-rule 3 of this Rule, the Judge may write the Ruling and deliver same immediately or adjourn the delivery of the Ruling on the matter to another day. The Ruling may be delivered in the open Court of the Judicial Division in which the Judge presides.

(5) Where a Judge takes an application in the State Registry as provided in sub-rule 3 of this Rule, the Judge may adjourn hearing of the substitute suit to the Court where the Judge presides.

(1) Where there are several defendants or respondents who reside or carry on business in different Judicial Divisions, the suit may be commenced in any one of those Judicial Divisions subject to any order or direction of the Court as to the most convenient arrangement for trial of the suit.

(2) Notwithstanding the provisions of rule 1 of this Order, the President of the Court may in the interest of justice, fairness, balance of convenience, equity and security of parties and the Court, direct that a case be heard in a Judicial Division other than where the case was filed.

(3) Any matter filed in any of the Registries of the Court may be heard in any Judicial Division of the Court, as the President of the Court may direct, in line with sub-rule 2 of this Rule.

Where any suit is commenced in the wrong Judicial Division, it may be tried in that Division unless the President of the Court otherwise directs.

Where a party has justifiable grounds for a suit commenced in a particular Judicial Division to be heard in another Judicial Division, such a party or counsel to the party may apply to the President of the Court to consider and give directions as to the appropriate Judicial Division in which the suit may be heard. The direction of the President of the Court on such application shall be final.

Whenever any matter under section 7(1)(b); section 17(1) and (2); section 18 or section 19 (a) and (c) of the Act is filed in any Division of the Court, the Registrar shall refer the matter to the President of the Court for assignment to a Judge of the Court or a panel of Judges as the President of the Court may deem fit.

Notwithstanding the provisions of Rule 7 of this Order, the President of the Court may delegate the assignment of the matters mentioned in Rule 7 of this Order to the Administrative Judge in charge of the Judicial Division or to a Judge in a Judicial Division.

(1) Where a matter of national interest is before the Court, the President of the Court may hear the matter or designate a Judge of the Court to hear the matter.

(2) Notwithstanding the provisions of sub-rule 1 of this rule, where there is a matter of national interest, the President of the Court may constitute a panel of three Judges of the Court to hear and determine the matter.

The President of the Court may designate a Judge in a Judicial Division as the Administrative Judge.

Where a matter of national interest is to be heard by a panel of Judges in a Judicial Division, the President of the Court may preside or the Administrative Judge may constitute a panel of Judges of the Judicial Division to hear the matter and the Administrative Judge shall preside over the matter where the President of the Court so directs.

For the purpose of these Rules and adjudicatory convenience, the Court shall be divided into the following Zones:

North-East Zone: Adamawa, Bauchi, Borno, Gombe, Taraba and Yobe States.
North Central Zone: Benue, Kwara, Kogi, Nasarawa, Niger, and Plateau States and the Federal Capital Territory, Abuja.
North West Zone: Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto and Zamfara States.
South East Zone: Abia, Anambra, Ebonyi, Enugu and Imo States.
South South Zone: Akwa Ibom, Bayelsa, Cross River, Delta, Edo and Rivers States.
South West Zone: Ekiti, Lagos, Ogun, Ondo, Osun and Oyo States.

1. Where a matter is to be heard by a panel of Judges in a Judicial Division and there is only one Judge or there are not more than two Judges in that Judicial Division, the President of the Court may constitute a panel or otherwise direct and cause the most senior Administrative Judge in that Zone to co-opt as member(s), any Judge(s) from any constituent part of the Zone in which that Judicial Division is located, in order that a panel of at least three (3) Judges can be constituted to hear and determine the matter.

In constituting the panel on matters relating to rule 7 of this Order, the President of the Court may preside or assign a Judge of the Court to preside.

Notwithstanding the provisions of this Order, in the interest of justice, fairness, equity, convenience and security of the parties and the Court, the President of the Court may direct that any process filed in any Division or Registry of the Court be heard partly or to conclusion in any other Division of the Court other than where it was filed or commenced.

Whenever any matter relating to any monetary or other claim other than matters specified under section 254C(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended by the Third Alteration Act, 2010) is filed in any Judicial Division or Registry of the Court, the matter may be referred by the President or a Judge of the Court hearing the matter to the ADR Centre of the Court for resolution.

(1) Any cause or matter commenced by originating summons or seeking any declaration for equitable or legal rights or interpretation of enactments, deeds, referral by the Minister of Labour and Productivity and agreements shall not qualify for referral to the ADR Centre.

(2) All causes or matters challenging the appointment of a person to an office, union or association or organization or as Public Trustee shall not qualify for referral to the ADR Centre.

(3) No causes bordering on collective disputes arising from the Trade Dispute Act (hereinafter referred to as TDA) shall qualify for Alternative Dispute Resolution (ADR) Centre. Accordingly, only matters involving individual disputes may be referred to the ADR Centre.