Order 49 — Transfer and Re-assignment of a Case
Rule 1 Transfer of cause or matter.
A cause or matter may, before evidence is taken, and at the request of either party to the suit be transferred by a Judge before whom the cause or matter is pending to another Court of the same division.
Rule 2 Re-assignment of cause or matter.
A cause or matter may at any stage of the proceeding be re-assigned to another Judge of the same division or of any other division by the Chief Judge whether or not the cause or matter is being heard before him.
Rule 3 Action by the Chief Judge on transfer.
Where for any reason a Judge hearing a cause or matter, and who has taken any step in the proceeding, considers it necessary, either at his own opinion or upon application of any party to the proceeding, to have the cause or matter transferred to another judicial division, the Judge shall refer the cause or matter to the Chief Judge who may direct that the matter be transferred to the appropriate judicial division in accordance with these Rules.
Rule 4 Evidence of part-heard cause or matter.
Where a Judge is elevated, deceased, retires or is transferred to another division, and having part-heard a cause or matter which is being heard de novo by another Judge, the evidence already given before the first Judge can be read and adopted at the hearing without the witness who had given it being recalled, but if the witness is dead or cannot be found, the onus of establishing that the witness is dead or cannot be found shall lie on the party that wishes to use the evidence.
Rule 5 Transfer of proceedings from the Court to a High Court.
Where a Judge has in the exercise of the powers conferred by Section 22 (2) of the Act directed that any cause or matter be transferred to the National Industrial Court of Nigeria, the High Court of the Federal Capital Territory or the High Court of a State, the Judge shall make an order under his hand to that effect to the President of the National Industrial Court of Nigeria, Chief Judge of The Federal Capital Territory or the Chief Judge of the High Court of the State to which the matter is to be transferred.
Rule 6 Transmission of order and copies of entries to the appropriate High Court.
The Registrar shall send a copy of the order made under rule 5 of this order duly certified by him to the Registrar of the named Court in the order with certified copies of the entry in the book of the Court relating to the cause or matter in question.