Federal High Court of Nigeria introduces new practice direction on E-Afffidavit
By Jude-Ken Ojinnaka
The Federal High Court of Nigeria has issued a new practice direction on the use of Electronic Affidavit (E-Afffidavit) effective July 1, 2024.
In notifying the general public of its Practice Directions on the newly introduced Electronic Affidavit, a release signed by the Chief Registrar, Federal High Court of Nigeria, Sulaiman Amida Hassan Esq. states that “the Chief Judge of the Federal High Court of Nigeria, the Honorable Justice John Terhemba Tsoho, OFR, KSS, FCIArb.(UK), in exercise of his powers as conferred by Orders 57 and 58 of the Federal High Court(Civil Procedure) Rules 2019 and all other powers enabling him in that respect, has made the following Practice Directions:
ORDER 1
APPLICABILITY
- These Practice Directions shall, save to the extent as maybe otherwise directed by The Honorable, the Chief Judge, apply to E- Affidavits issuing from the Federal High Court of Nigeria.
- ORDER 11
OBJECTIVES AND GUIDING PRINCIPLES - Whereas E-Affidavits issued by the Federal High Court are accepted globally and internationally, the purpose of this Practice Directions is to carry into effect for various purposes, the new E-Affidavit regime to be adopted by the Court particularly in;
a. Ensuring efficient, transparent and prompt issuance of E-Affidavits in compliance with global best practices.
b. Protecting the interests of litigants and other users who desire the use of E-Affidavit.
c. Regulating standard of issuance of E-Affidavit upon payment of prescribed fees.
ORDER 111
IMPLEMENTATION OF E-AFFIDAVIT REGIME
- Without prejudice to the provisions of the Federal High Court (Civil Procedure) Rules, 2019 and the Oaths Act, Laws of the Federation of Nigeria, 2010; all E-Affidavits of the Federal High Court shall emanate from the designated E-filling Unit of the Court.
- The E-Affidavit shall be in an electronic format with such specialized features as approved by the Court.
- The application shall be made online from the official website of the Court.
- The E-Affidavit software would be implemented by the E-filling Unit under the supervision of the Deputy Chief Registrar (Litigation).
- For the purpose of swearing to an E-Affidavit under this provision, a deponent to the E-Affidavit shall upload his application electronically through a platform approved by the Chief Judge.
- A task force shall be set up under the hand of the Chief Judge to give effect to this innovation.
- The cost of each E-Affidavit shall be as approved and/or reviewed by the Chief Judge from time to time.
- The Honorable, the Chief Judge may review this Practice Directions and/or issue further directives upon any prevailing circumstance.
ORDER IV
CITATION
These Practice Directions shall be cited as the Federal High Court (Practice Direction on E-Affidavit), 2024
COMMENCEMENT
These Practice Directions shall take effect from the 1st day of July, 2024.
EXPLANATORY NOTE
- The E-Affidavit shall not be a replacement for the manually sworn affidavit.
- The aim of these Practice Directions is to ensure data protection in a user-friendly automated system of deposing to E-Affidavits.”
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