On 1st November 2021, the new Court of Appeal Rules 2021 (“the 2021 Rules” or “the Rules”) came into force, repealing the Court of Appeal Rules 2016 (“the 2016 Rules”) and bringing several notable changes to the procedural operations of Nigeria’s penultimate appellate court.
With the COVID-19 pandemic still affecting the regular operation of many sectors, including the justice sector which faced notable delays, virtual proceedings are becoming common. In the 2021 Rules, notable changes have been made to reflect the new reality of virtual proceedings and innovative provisions prompting the expeditious disposal of appeals have been introduced as well. In the subsequent paragraphs, some of the notable changes introduced by the 2021 Rules are highlighted, alongside certain operational problems of the Rules which have already started cropping up.
Innovations Introduced by the 2021 Rules
- Virtual Hearings: By virtue of Order 21 of the 2021 Rules, proceedings can now be conducted virtually. Court sittings are also defined to include both physical and virtual sittings of the court.
The issues highlighted in the previous segment are teething troubles, as may be expected in the early days of any new statute and it is hoped that with time, these troubles are worn away. It is also our hope that as the new Rules are put into use, the President of the Court of Appeal shall issue Practice Directions, where necessary, to resolve some of the issues that may arise. In the interim, the innovative provisions of the 2021 Rules must be commended, as they indicate that the Nigerian Appellate Court is keeping with the times in which we find ourselves.