Order 1 Supreme Court Rules

Order 1 of the Supreme Court Rules 2024 is about General Definitions. It contains the following rules:

Order 1 Rule 1 Supreme Court Rules 2024 – Short title

These Rules may be cited as the Supreme Court Rules. 2024 and shall come into force by notification in the official Gazette.

Order 1 Rule 2 Supreme Court Rules 2024 – Repeal

The Supreme Court Rules, 1985 are repealed.

Order 1 Rule 3 Supreme Court Rules 2024 – Interpretations

In these Rules, unless the context otherwise requires –

“Act” means Supreme Court Act, Cap S15 Laws of The Federation 2004. or any other Act amending or replacing it;

“Appeal” means entry of Appeal after the record of appeal has been transmitted from the Court below;

”Appellant” means a party appealing from a decision or applying for leave on behalf thereof and includes the Legal Practitioner retained or assigned to represent him in the proceedings before the Court;

“Applicant” means any person who makes an application to the Court for an order;

“Bailiff” means a person authorised to serve Court processes and carry out such other function(s) as the Court may, from time to time, assign to him. and includes any special Bailiff appointed by the Court;

“Cause” includes any action, suit or other proceedings between an Appellant and a Respondent or any Applicant and a Respondent; or between a Plaintiff and a Defendant when the original jurisdiction of the Court is invoked.

“Chief Justice” means the Chief Justice of Nigeria (CJN); or a Justice of the Supreme Court for the time being acting for him or in his stead.
(a) “Presiding Justice” means any Justice of the Supreme Court duly assigned by the Chief Justice to preside over the Court Sitting;
(b) “Justice” means a Justice of the Supreme Court;

“Chief Registrar” means the Chief Registrar of the Court;
(a) “Registrar” means any other Officer of the Court (by whatever title called) exercising the functions of the Chief Registrar.
(b) “Registrar of the Court below” means the Chief Registrar or other administrative staff (howsoever called) of that Court or any other Court or Tribunal whose decision is subject to appeal to the Supreme Court.

“Committee” means the Rules of Court Advisory Committee established under these Rules;

“Constitution” means the Constitution of the Federal Republic of Nigeria, and includes any amendment thereto or modification thereof or any enactment replacing it;

“Court” means the Supreme Court of Nigeria, –
(a) “Court below” means the Court of Appeal or any other Court or Tribunal whose decision is subject to appeal to the Supreme Court.
(b) “Court in chambers” means Court sitting without Lega) Practitioner where oral hearing is not required.
(c) “Court of first instance” means any court or tribunal sitting either in its original or appellate jurisdiction, immediately below the Court below.
(d) “Court sitting” includes physical and virtual sitting of the Court:
(i) “Virtual hearing” means proceedings of the Court conducted electronically or through the use of electronic or audio-visual means.

“Costs” means payment of money ordered by the Court to indemnify a party for expenses reasonably incurred in an appeal up to the time of striking out or dismissing an appeal or an application for lacking in merit:

“Decision” means in relation to the Court, any determination of the Court and includes judgment, direction, ruling, decree, order, conviction, sentence, verdict or recommendation;

“Electronic media” means any type of device that stores and allows distribution or use of electronic information;

“Electronic device” includes computers, e-readers. storage devices, input and output devices and audiovisual devices or such similar devices used in the typing or production of the Record of Appeal;

“High Court” means the Federal High Court, the High Court of The Federal Capital Territory. Abuja, the National Industrial Court and a High Court established for a state by the Constitution or any other Court of coordinate jurisdiction;

“Indigent person” means a person whose annual income is less than the minimum wage as set by the Government, for the time being;

“Legal Practitioner” means a person enrolled to practice in the Supreme Court of Nigeria and who has been retained by or assigned to a party to represent him in the proceedings before the Court;

“NCMS” means Nigeria Case Management System:

“Out of jurisdiction of the Court” means outside the territory of the Federal Republic of Nigeria;

“Record” means the aggregate of papers or electronic devices relating to any appeal, application or suit (including the pleadings, processes, proceedings, evidence, judgments and briefs) necessary to be laid before the Court at the hearing of the appeal;

“Recording” means anything or process in or by which information is recorded or stored by the Court;

“Registry” means the Registry of the Court;

“Respondent” in an Appeal means, any party other than the Appellant or Applicant directly affected by the appeal or application and includes a Legal Practitioner representing such a person in the proceeding before the Court.

“Rules” means these Rules or any amendment thereto or any other addition s Rules made under the Constitution and includes the Schedules appended to these Rules.

Order 1 Rule 4 Supreme Court Rules 2024 – Supremacy of the Rules

The practice and procedure of the Court shall, subject to the Act, he as prescribed by these Rules notwithstanding any other rules of practice to the contrary.

Order 1 Rule 5 Supreme Court Rules 2024 – Forms

The forms set out in the First Schedule to these Rules shall be used in all cases to which such forms are applicable or conform as near there’re as circumstances permit.