Order 15 Supreme Court Rules

Order 15 of the Supreme Court Rules 2024 is about Procedure in Election Matters. It contains the following rules:

Order 15 Rule 1 Supreme Court Rules 2024 – Application

These Rules shall apply and be observed in the Court, in the determination of a pre-election and/or election appeal from the Court below.

Order 15 Rule 2 Supreme Court Rules 2024 – Filing of Notice of Appeal

An Appellant shall file in the Registry of the Court below, notice and grounds of appeal within fourteen (14) days from the date of the delivery of the ruling or judgment appealed against.

Order 15 Rule 3 Supreme Court Rules 2024 – Record of proceedings

Upon the filing of the Notice of Appeal, an Appellant shall –
(a) pay to the Registrar of the Court below, such fees as may he determined, having regard to the bulk of the record of proceedings being compiled;

(b) furnish to the Registrar of the Court below as many copies of the record of proceedings as there are Respondents in the case and provide ten (10) extra copies of the record: and

(c) pay a fee for service of Court processes on all the Respondents.

Order 15 Rule 4 Supreme Court Rules 2024 – Service and transmission of notice of appeal and record of proceedings

(1) The Registrar, shall upon the receipt of the Notice of Appeal, serve the Respondent(s) copies of the Notice of Appeal; and

(2) The Registrar shall not later than ten (10) days from the receipt of the Notice of Appeal, compile and serve the parties with the Notice of Appeal and die record of proceedings and transmit same to the Court.

Order 15 Rule 5 Supreme Court Rules 2024 – Appellant’s brief of argument

An Appellant shall within seven (7) days after the service of the record of proceedings, file ten (10) copies of a brief of argument of the appeal and as many copies as there are Respondents to be served, in the Court.

Order 15 Rule 6 Supreme Court Rules 2024 – Respondent’s brief of argument

A Respondent shall within five (5) days of the service of the Appellant’s brief, file a brief of argument in the Court.

Order 15 Rule 7 Supreme Court Rules 2024 – Appellant’s reply brief

An Appellant may file a reply brief within three (3) days of the service of a Respondent’s brief.

Order 15 Rule 8 Supreme Court Rules 2024 – Oral argument

(1) The Court may allow oral argument at the hearing of the appeal to emphasize and clarify the argument contained in the briefs filed in the Court.

(2) Unless otherwise directed, ten (10) minutes may be allowed to each party for argument; and

(3) An Appellant shall be entitled to open and close the argument.

Order 15 Rule 9 Supreme Court Rules 2024 – Cross appeal

In the case of a Cross-Appeal, the Cross-Appeal shall be argued together with the appeal as one case within the time allotted for the case, and the Court, having regard to the nature of the appeal may direct either of the parties to open and close the argument.

Order 15 Rule 10 Supreme Court Rules 2024 – Page and paper size requirements of written brief

(1) Except otherwise directed by the Court –
(a) a party’s written brief filed in the court shall not exceed forty-five (45) pages; and
(b) a reply brief on points of law shall not exceed ten (10) pages.

(2) A written brief or a reply shall be –
(a) prepared in 2.0 mm by 297 mm paper (A4);
(b) typed in clear typographic character;
(c) in Arial, Times New Roman or Tahoma theme fonts;
(d) in the font size of 14 point; and
(e) typed with at least 1.5 line spacing.

(3) A written brief or a reply which does not comply with the provisions of this paragraph shall not be accepted by the registry for filing. Where it is accepted, it shall not be deemed properly filed.

Order 15 Rule 11 Supreme Court Rules 2024 – Security for costs

The security for costs prescribed by the First Schedule to the Electoral Act for the time being in force shall be deposited with the Court.

Order 15 Rule 12 Supreme Court Rules 2024 – Cost of service of Court process

Notwithstanding, Rule 3 (c) of this Order, an Appellant shall deposit at the Court the sum of N500,000.00 to make up for the cost of service of notices, registered postings, and other expenditures that may be occasioned by the appeal.

Order 15 Rule 13 Supreme Court Rules 2024 – Interlocutory appeal

An interlocutory appeal shall not operate as a stay of proceedings or form a ground of stay of proceedings before the Court below.