Order 33 FCT (Civil Procedure) Rules 2025

Order 33 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Security for an Absconding Defendant. It contains the following rules:

1. If in any action the defendant is about to leave Nigeria the
   claimant may, either at the institution of the suit or at any
   time until final judgment, apply by ex-parte motion to the
   Court for an order on the defendant to show cause why
   security should not be taken for his appearance to answer
   and satisfy any judgment that may be passed against him
   in the suit.
2. If the Court after making such inquiry as he may consider
   necessary is of the opinion that there is probable cause for
   believing that the defendant is about to leave Nigeria and
   that by reason, the execution of any judgment which may
   be made against him is likely to be obstructed or delayed,
   the Court shall issue a summons for the defendant to
   appear on a date specified, to show cause why he should
   not give good and sufficient security for his appearance.

3. If the defendant fails to show cause, the Court shall order
   him to give security for his appearance at any time when
   called upon while the suit is pending and until execution or
   satisfaction of any judgment that may be passed against
   him in the suit or to give security for the satisfaction of such
   judgment and the surety or sureties shall undertake in
   default of such appearance or satisfaction to pay any sum
   of money that may be adjudged against the defendant in
   the suit with cost.
4. (1) Where a defendant offers to deposit a sum of money in
   lieu of security for his appearance, sufficient to answer the
   claim against him with costs of the suit, the Court may
   accept such deposit and direct that the deposit be paid into
   an interest yielding account in a bank.
   (2) Where a defendant offers security other than money in
   lieu of security for his appearance, sufficient to answer the
   claim against him, the Court may accept such security and make such order as he may deem fit in the circumstance.

5. (1) If the defendant fails to furnish security or offer a
   sufficient deposit, the Court may commit him into custody
   until the decision of the suit or if judgment has been given
   against the defendant until the execution of the judgment.
   (2) Under this Rule committal to custody shall not exceed a
   period of 6 months.
   (3) The Court may at any time upon reasonable cause being
   shown and upon such terms as to security or otherwise as
   may seem just, release the defendant.
6. The expenses incurred for the subsistence in custody of the
   person arrested shall be paid by the claimant in the action
   in advance, and the amount disbursed may be recovered
   by the claimant in the suit, unless the Court shall otherwise
   order. The Court may release the person in custody on
   failure by the claimant to pay the subsistence money, or in
   case of serious illness order his removal to hospital.

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