Procedures
State-by-state High Court rules, with front-loading of evidence and mandatory ADR screening
Civil procedure is governed by the rules of each State High Court rather than a single national code. Modern rules such as the Lagos State High Court Civil Procedure Rules 2019 require front-loading — statement of claim, witness statements on oath and documents filed together — and route cases through ADR before trial.
Key rules
- Jurisdiction — State High Courts (own rules each), Federal High Court, Court of Appeal, Supreme Court; Magistrates' Courts for lower-value claims.
Governing law
- Sheriffs and Civil Process Act, Cap S6 LFN 2004 — Execution and garnishee; AG's consent for public funds.
- Lagos State High Court (Civil Procedure) Rules, 2019 — Front-loading and mandatory ADR screening.
- Arbitration and Mediation Act, 2023 — Replaced the 1988 Act; adopts the 2006 Model Law amendments.
In practice
Because civil procedure is a residual matter, each state makes its own High Court rules, and the Federal High Court has its own. The dominant trend is front-loading: a claimant must file the writ or originating process together with the statement of claim, list of witnesses, written statements on oath and copies of documents to be relied on, which shortens trials but raises the cost of commencement. Lagos requires that parties first explore ADR through the Lagos Multi-Door Courthouse, and several states have followed. Appeals run from the High Court to the Court of Appeal and thence to the Supreme Court, generally with leave for interlocutory matters. Enforcement is under the Sheriffs and Civil Process Act by writ of fifa, garnishee proceedings or judgment summons; garnishee proceedings against public funds require the consent of the Attorney-General, a persistent obstacle to enforcing judgments against government.