Order 25 — Cases to Be Placed on Fast-track

The following cases shall qualify to be placed on Fast-Track;
(1) Cases concerning or relating to:
(a) a strike or industrial action or lock-outs; or
(b) any other form of industrial action that threatens the peace, stability and economy of the country or any part thereof;
(2) a declaration of trade dispute by essential services providers;
(3) a trade dispute directly referred to the Court by the Minister of Labour and Productivity under Section 17 of the Trade Disputes Act, Cap T8, LFN 2004.
(4) any matter relating to the outstanding salary, pensions, gratuity, claims, allowances, benefits or any other entitlements of a deceased employee;
(5) any other matter which the President of the Court may suo motu or on application of either of the parties to a suit direct to be placed on fast-track in the overall interest of the peace, stability and the economy of the Federation or any part thereof and of the larger society.

When a matter is ordered to be placed on fast track, the Court may accord such a matter priority by way of listing same on the Cause List for speedy trial.

Where a case satisfies any of the criteria in Rule 1 above, the Registrar shall cause the Originating Processes to be marked “QUALIFIED FOR FAST TRACK”.

The Registrar shall serve the Defendant(s) or Respondent(s) the originating processes along with notice that the case has been placed on the fast-track and that the party served is required to file the party’s response to the originating processes within the time stipulated in the Rules.

The Claimant or Appellant shall similarly be given notice that the case has been placed on the fast-track and that the party so notified is required to file any Reply process within the time stipulated in the Rules.

The Defendant(s) or Respondent(s) shall file the Defence processes as stipulated in the Rules not later than fourteen (14) days from the date of service of the originating processes and the Claimant or Appellant shall file any Reply to the Defence not later than seven (7) days from the date of service of the Defendant(s)/Respondent(s) processes.

(1) The Registrar shall refer any case which qualifies to be placed on the fast-track as soon as practicable to the President of the Court for assignment to a Judge or a panel of Judges.

(2) Where the originating process(es) in respect of a case on the fast track is (are) with an urgent interlocutory application, the file shall immediately be referred to the President of the Court who shall assign the case to a Judge or a Panel of Judges to handle the urgent interlocutory application pending the exchange of pleadings and/or briefs by the parties as stipulated in these Rules.

The Judge or the Panel of Judges to whom a fast-track case with urgent interlocutory application is assigned shall within five (5) days or so soon thereafter but not later than ten (10) days, set down any such urgent pending application to be disposed of timeously, and direct hearing notices to be issued to the parties accordingly.

The trial Judge or the Panel of Judges shall set the case down for hearing as soon as addresses have been settled and the Court shall order that hearing notices be issued and served on all the parties.

Every party or Counsel to the party shall be required to file a Notice indicating:
(1) if the party intends to file and move any or further interlocutory application before the commencement of trial, the nature of the application and whether such application has already been filed;
(2) if the party intends to object to the admissibility of any of the documents listed and front-loaded to be relied upon at the trial by the opposing party, and the list of such documents to which objection will be taken and the ground(s) for the objection.
(3) if there is any issue raised by the opposing party which the first party does not intend to contest.
(4) the party’s proposal for the speedy trial and determination of the case, including a possible timetable for the trial.

The Court shall consider the proposals by the parties or their Counsel and give directions for trial including a case management time table which it considers suitable, and the parties shall be bound by such directions.

(1) Where there has been a change of circumstances since trial directions were issued, the Court may suo motu or an application of any of the parties, vary any of the directions given by the Court.

(2) Where the parties agree on changes to be made to the trial directions given, they must immediately apply for an order by consent, including an agreed statement of the reasons why the variation is sought.

(3) Where the Court varies any direction because of a defaulting party or counsel to the party, it may impose costs and daily default fees as prescribed in the Rules; or as may be deemed fit by the Court.

(4) The Court may on default of a party make an order of variation without a hearing.

(1) Where a party has failed to comply with a Court direction, any other party may apply for an Order to enforce compliance or for a sanction to be imposed or both.

(2) Failure to comply with Court directions will not lead to the postponement of the trial unless the circumstances of the failure are exceptional.

(1) Where a party needs to make any application which is not included in the trial time table, the party must do so as soon as possible so as to reduce the frequency of alterations to the time table.

(2) The Court shall take all necessary steps to ensure that applications and other hearings are listed and attended to promptly to avoid delay in the conduct of cases in the Fast Track.

Unless the Court otherwise directs, the trial shall be conducted from day to day and in accordance with any order previously made by the court.

(1) The Court shall allow the postponement of a trial only as a last resort.

(2) Where the Court has no option but to adjourn the trial, it will do so for the shortest possible time, and as it deems just and fair.

(1) When the party beginning has concluded evidence, the Court shall inquire whether the other party intends to call any witness.

(2) If the other party does not intend to call any witness, the party beginning shall within seven (7) days after close of evidence file a Written Address;

(3) Upon being served with the Written Address, the other party shall within 7 days file a Written address.

(4) Where the other party calls any witness that other party shall within 7 days file a Written Address.

(5) Upon being served with the other party’s written address the party beginning shall within seven (7) days file as response a Written Address.

(6) The party who files the first Written Address shall have a right of reply on points of law only. The reply shall be filed not later than five (5) days after service of the other party’s Written Address on the first party.

(1) Rules 8 to 15 of this Order shall apply to cases commenced by Complaint under Order 3, Rules 8 and 9 of these Rules where pleadings and frontloaded processes are filed and exchanged; but shall not apply to complaints against decisions of Arbitral Tribunals, a Board or Commission of Inquiry or of the Registrar of Trade Unions and other similar decisions, commenced under Order 3 Rule 16; or to cases commenced by originating summons for the construction of the Constitution, enactments, contracts or any other written instrument commenced under Order 3 Rule 17 (1) of these Rules.

(2) When cases commenced under Order 3 Rule 16 (1) and (2) are placed on the fast track, the Judge or the Panel of Judges to whom such cases are assigned shall set down the cases for direction in order to ascertain that any pending interlocutory application has been disposed of and that parties or their Counsel have filed and exchanged Briefs of Argument or Written Addresses as provided in these Rules.

(3) Once the Court is satisfied that the requirements of the provisions of rule 17 sub-rules (1)-(6) of this Order have been complied with, it shall proceed to take arguments by asking the parties or their Counsel to adopt the Briefs of Argument or Written Addresses already filed and served, or if the exigency of the court’s business does not permit, fix the shortest possible date being not more than 30 days thereafter for taking argument of parties or their Counsel on the Briefs.

In all Fast Track cases, the Judge or the panel of Judges shall endeavour to deliver judgment as quickly as practicable after completion of trial or adoption of written addresses.