Order 23 — Rules Applicable to General Procedural Matters
Rule 1 Application of Rules of General Procedure.
Where no provision is made in these Rules as to practice and procedure or where the provisions in these Rules are inadequate, with respect to any aspect of the procedure or proceedings, any party to the proceedings may apply for leave of the Court to apply the Rules of Procedure of any High Court in Nigeria that will in the opinion of the Court do substantial justice to the parties in the particular circumstance.
Rule 2 Party to refer the Court to rules of High Court.
(1) Where a party prays the Court to invoke any of the powers or rules of a High Court in Nigeria, the party shall refer the Court to the specific power or rule of that High Court the party or the party’s counsel is praying the Court to adopt and invoke.
(2) Where the Court adopts the rule or power, it shall be only for purposes of the specific proceedings in which it was adopted.
Provided that the Court shall not be bound to adopt the rules of the High Court as requested by the party or party’s counsel.
Provided further that the Court shall consider the overall interest of justice, equity, convenience, or the peculiarity of the matter and be satisfied that it has not overreached any party or that such adoption will not lead to any miscarriage of justice or create any undue advantage.
Rule 3 Court may invoke rules of a High Court.
The Court may suo motu draw the attention of the parties in a suit before it to a particular rule or rules of a High Court in Nigeria, that it intends to adopt, invoke and apply and; which in the opinion of the Court will do substantial justice in the matter before it.
Provided that counsel to the parties are given the opportunity to address the Court on the suitability or otherwise of the Rules that the Court intends to apply.
Rule 4 Party to refer the Court to International Best Practices.
Where a party to a suit prays the Court to apply any International Best Practice(s) or International Labour Standards in determining or doing justice in the matter before it, the party shall state the particular principle(s) and/or authority of International Best Practices or extant International Labour Standards the party is praying the Court to apply.
Rule 5 Practice Direction.
The President of the Court may issue a Practice Direction from time to time to regulate any aspect of the procedure and or proceedings of the Court as the situation may require.