Order 28 FCT (Civil Procedure) Rules 2025

Order 28 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Settlement Out of Court/ Alternative Dispute Resolution. It contains the following rules:

1. In the course of proceedings, the judge may grant the
   parties time within which they may explore possibilities
   for settlement of dispute.
2. It shall be the duty of a Court or a judge to encourage
   settlement of matters by any applicable method of
   Alternative Dispute Resolution (ADR).
3. (1) Where parties consent to settlement of disputes, the
   Court or judge shall by an enrolled order as in Form 15,
   refer the case to the AMDC for resolution within 21 days
   except otherwise ordered by the Court.
   (2) Where a Court makes a referral, the Court or judge shall
   by an enrolled order as in Form 15 refer the case to the
   AMDC for resolution within 14 days except otherwise
   ordered by the Court.
   (3) Where a party refuses to submit to ADR and loses the
   case in Court, he shall pay a penalty as may be determined
   by the Court.

4. (1) Where a case is deemed suitable for ADR under Order 2
   Rule 7 or has by directives been referred to ADR under
   Rule (2)(2) above, the judge may consider and give appropriate directives to parties on the filing of statement of case and other necessary issues.

(a) The claimant shall file his statement of case within fourteen (14) days of the Order of the judge.
(b) The defendant shall file his response within fourteen (14) days of service of the claimant’s statement of claim.
(2) The parties shall file a notice of compliance with Rule 3(1) above to the judge within twenty (20) days of giving the Order.
(3) Failure to comply with filing the notice of compliance
within time shall attract a sum of two hundred (N200) naira
fine per day.
(4) A party applying for an extension of time to comply with Rule 3(1) above, shall upon filing such application attach thereto evidence of payment.

5. The Court in making any order as to cost during or after a
   trial shall consider any directive made under this Order
   and the disposition of the parties thereto.
6. Where parties are unable to complete the settlement
   process within the time specified in the order, the referring
   judge may extend the order whenever he considers it
   expedient having regard to the facts and circumstances of
   the case.
7. The referring judge shall proceed to entertain a case where
   parties report that the settlement has broken down or it
   cannot be resolved through the ADR mechanism.
8. (1) The Court or judge shall, on the application of parties
   enrol the terms of settlement reached at the AMDC as
   consent judgement, such terms shall thereupon have the
   same force and effect as judgement.
   (2) Parties in a “walk in” ADR process may apply to an
   ADR judge by a Motion on Notice for an order to enroll the decision or terms of settlement at the AMDC as a consent judgement.

9. The Chief Judge may by order under his hand and seal
   appoint and designate judges as ADR judges who shall
   have jurisdiction to handle sessions and other ADR related
   matters.
10. The Chief Judge may designate a week(s) during the course
    of the legal year for the resolution of disputes at the MultiDoor Courthouse. This week(s) shall be known as
    Settlement Week and the proceedings of the week shall be
    as directed by the Chief Judge in a Practice Direction.
11. The Chief Judge may set up a Sifter Committee to identify
    cases that may be effectively resolved during the
    settlement week or any time he deems fit.

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