Order 3 Supreme Court Rules

Order 3 of the Supreme Court Rules 2024 is about Service. It contains the following rules:

Order 3 Rule 1 Supreme Court Rules 2024 – Definition of address for service

Any reference in these Rules to an address for service within or outside the Federal Republic of Nigeria, means a physical, postal, or electronic mail address, a GSM telephone number or any other available mode of communication where notices, summonses, warrants, proceedings and other documents, etc may be left, sent posted or transmitted it not required to he served personally.

Order 3 Rule 2 Supreme Court Rules 2024 – Service of Notice of Appeal

(1) Every Notice of Appeal shall be served on the Respondents) personally or on the Legal Practitioner who represented him at the Court below or by electronic mail or any other electronic means.

(2) Save as may be otherwise provided in these Rules or in any other written law, no notice of process, document or other written communication in proceedings in rite original or appellate jurisdiction of the Court, need be personally served; except:
(a) in proceedings in the original jurisdiction of the Court, the writ of summons or other documents issued by the Court for the institution of the proceedings; and
(b) in proceedings in the appellate jurisdiction of the Court, the Notice of Appeal;
Provided that if the Court is satisfied that the Notice of Appeal has in fact been served in the manner prescribed by sub-rules (1) and (3) of this Rule, or communicated to the Respondent, no objection to the hearing of the appeal shall lie on the ground only that the Notice of Appeal was not served personally.

(3) Where any document is required by these Rules to be served personally, it shall be sufficiently served if it is served in the manner prescribed by law for the personal service of a writ of summons issued by the Federal High Court and if it appears to the Court that for any reason personal service cannot be conveniently effected, the Court shall have the same power as the Federal High Court to direct that service be effected in some other way.

Order 3 Rule 3 Supreme Court Rules 2024 – Duty of Legal Practitioner where he no longer acts for parties

Where a Legal Practitioner has been served with a Notice of Appeal or any other process, and the Legal Practitioner has ceased to be instructed by the party for the purpose of the proceedings concerned, it shall be the duty of the Legal Practitioner to inform the Registrar within seven (7) days after service that he is not or no longer authorised to accept service on behalf of such person and if he omits to do so he shall be ordered to pay any costs occasioned thereby. In addition, the omission maybe treated as an act of professional misconduct.

Order 3 Rule 4 Supreme Court Rules 2024 – Service of Notice on parties mentioned

(1) The Registry of the Court below or the Appellant shall, after the Notice of Appeal has been Hied, cause to be served a certified true copy thereof upon each of the parties mentioned in the Notice of Appeal, but it shall not be necessary to serve any party not directly affected:
Provided that the Court may suo motu or on the application of any person claiming to be affected, direct Notice to be served on all or any party to the action or other proceeding or upon any person not a party and in the meantime may adjourn the hearing of the appeal upon such terms as may be just and make such Order(s) as might have been made if the persons served with Notice had been originally parties to the appeal.

(2) Where in any proceeding in (he Court below, a party has given a physical or electronic address for service, notice of any application preparatory or incidental to any appeal may be served in like manner as a Notice of Appeal under Rules 2 and 3 of this Order.

Order 3 Rule 5 Supreme Court Rules 2024 – Mode of service

Where under these Rules, any person has given an address for service, inclusive of an electronic mail address, any notice or other process shall be sufficiently served upon him if –
(a) left at that address, or
(b) sent by registered post to that address and in which case if the date of service by post is material, the relevant provision(s) of the Interpretation Act shall apply, or
(c) transmitted by electronic means to the electronic mail address or telephone number or any other mode of electronic communication.

Order 3 Rule 6 Supreme Court Rules 2024 – Service of Notice of Appeal

(1) Where a Notice of Appeal is served on the Respondent by the Bailiff of the Court below, the Bailiff shall duly file an affidavit of such service at the Registry of the Court below.

Service of process
(2) Where a process or documents) is served on a party by the Bailiff of the Court, the Bailiff shall duly tile an affidavit of service at the Registry of the Court:

Service by party
Provided that if a party undertakes to effect personal service of a process other than a Notice of Appeal, the party undertaking service shall file an affidavit of such service al the Registry of the Court.

Order 3 Rule 7 Supreme Court Rules 2024 – Endorsement of address for service

Where under these Rules, any notice or other process is required to have an address for service endorsed on it, it shall not he accepted for filing by the Registry of the Court below or the Registry of the Court, or where accepted, it shall not be deemed to have been properly 6led in so far as such address has not been endorsed on it.

Order 3 Rule 8 Supreme Court Rules 2024 – Change of address and notification of change

Any party to an appeal or intended appeal may change his address for service at any time, by filing and serving on the Court and all other parties to the appeal or intended appeal, a notice of such change.

Order 3 Rule 9 Supreme Court Rules 2024 – Respondent(s) notice of address for service

(1) Every person who by virtue of service on him of a Notice of Appeal becomes a Respondent to any appeal or intended appeal shall within fourteen (14) days alter service on him of the Notice of Appeal file with the Registrar of the Court below notice of a full and sufficient address for service in such number of copies as the said Registrar shall require and the Registrar of the Court below shall forthwith send a copy of the notice of address to the Registrar and shall cause a copy thereof to be served on the Appellant. Where Record has been transmitted, such notice shall be filed in the Court.

(2) Such notice may be signed by lire Respondent or his Legal Practitioner the electronic signature of the Respondent or his Legal Practitioner shall suffice for the electronic version of the notice.

(3) if any Respondent fails or omits to file such notice of address for service, then delivery of any document or proceeding at Ihe address shown in the Notice of Appeal shall be deemed to be good and proper service on him.

Order 3 Rule 10 Supreme Court Rules 2024 – Service on Ex-officio party

(1) Where the President. Vice President, a State Governor, a Deputy- Governor of a State, Minister or Commissioner or the Attorney-General, or Director of Public Prosecutions, or any other public officer of the Federal Republic of Nigeria or of a State is a party ex-officio in any proceedings in the Court, whether civil or criminal, any notice or other document may be served on him by leaving it at or by sending it by registered post or electronically or by serving it in the open office/chambers of the Attorney-General of the Federation or of the State concerned, as the case may be; and service in this manner shall be as effective as if it were personal service.

(2) The mode of service in sub-rule(1) of this Rule shall be deemed to be good and sufficient service on the state as a Respondent in a criminal appeal other than an appeal in a private prosecution.

Order 3 Rule 11 Supreme Court Rules 2024 – Service outside jurisdiction

(1) Where any person who is cut of the jurisdiction of the Court is a necessary or proper party to an appeal before the Court and it is necessary to serve him with the Notice of Appeal or other documents relating to the appeal, the Court may upon an application ex-parte for leave, allow service of the Notice of Appeal or such other document out of the jurisdiction of the Court.

(2) Every application for leave to serve a Notice of Appeal or other document on a person who is out of the jurisdiction of the Court shall be supported by an affidavit showing in what place or country such a person is or may be found and the grounds upon which the application is made.

(3) Any order granting leave to effect service out of the jurisdiction of the Court shall prescribe the mode of service and the Court may receive an affidavit or statutory declaration of such service having been effected as prima facie evidence of Mich service thereof.

Order 3 Rule 12 Supreme Court Rules 2024 – Application of Order 3

Except as otherwise stated in this Order, or the context so implies, this Order shall apply to all matters whether civil or criminal. References to Appellant and Respondent may be adjusted to be references to Applicant, Plaintiff or Defendant, as the case may be.