Order 52 — Miscellaneous Provisions

The Chief Judge may in addition to the powers conferred on him by any Relevant Laws, assign cases among the Judges and may delegate such powers to any Judge or Judges.

Court Sittings and Vacation

Subject to the provisions of the Law, the Judge may in his discretion, appoint any day or days and any place or places from time to time for the hearing of causes as circumstances may require.

The sittings of the Judge for the hearing of causes shall be held in public but, subject to the provisions of the Constitution of the Federal Republic of Nigeria, the Judge may, for special reasons, hear any particular cause or matter in the presence only of the parties, with their Legal Practitioners, if any, and the officers of Court.

The offices of the Court shall be open at such times as the Chief Judge shall direct.

Subject to the directions of the Chief Judge, sittings of the Court for the hearing of civil matters shall be held on every week day except:
(a) on public holidays;
(b) during the week beginning with Easter Monday;
(c) during the period beginning on Christmas eve and ending on the fifth working day of January next following; and
(d) during the legal vacation, that is, the period beginning on a date in July and ending on a date not more than forty-two working days later as the Chief Judge may by notification in a Public Notice appoint.

Notwithstanding the provisions of Rule 4 of this Order, any cause or matter may be heard by a Judge on any day except on a Sunday or public holiday where such cause or matter is urgent or a Judge at the request of all the parties concerned, agrees to hear a cause or matter.

The time for filing and service of processes shall not run during the legal vacation unless otherwise directed by the Judge.

All fines, forfeitures, pecuniary penalties and costs ordered to be paid may be levied by distress, seizure and sale of the movable and immovable property of the person making default in payment.

When the publication of any Notice is required, the same may be made in a Public Notice, unless otherwise provided in any particular case by these Rules of Court or otherwise ordered by the Judge.

All Warrants and Orders of whatever description shall be sufficiently addressed for execution by being directed to the Sheriff, but this provision shall not prevent any Warrant or Order from being addressed to a person by name or to a person named and to officers of Court generally.

No fees are to be taken in respect of any proceedings where such fees would be payable by any Government Department: Provided that where any person may be ordered to pay the costs of the State or any Government, Ministry, Department or Agency, in any case, in accordance with Order 46 Rules 10 and 11, any fees which would have been payable but for this provision shall be paid and recoverable from such person.

The Regulations regarding fees shall govern the payment and disposal of fees and the duties of Court officers in regards thereto.

Where no provision is made by these Rules, Practice Directions or in any Law, the Court shall adopt such procedure as will in its view do substantial justice to the parties.

Subject to these Rules, the Court may in all causes or matters make any Order which it considers necessary for doing justice, whether the Order has been expressly asked for by the person entitled to the benefit of the Order or not.