The Supreme Court transitional period enables counsel/litigants who were not able to regularize their processes in the second instance with payment of penalty after the expiration of the automatic extension of time in the first instance for the same period to file their processes.
It is important to note that, at the expiration of the transitional period, no further application for extension of time shall be entertained in respect of appeal where parties have failed to utilize the lifted bar on the provision of Order 4 Rule 15 (1) Supreme Court Rules 2024.
Counsels/litigants are admonished by the Chief Justice of Nigeria to take advantage of the opportunity created by the transitional period to regularize their appeal and ensure compliance with the Rules. However, counsel/litigants shall be required to pay all applicable default fees as prescribed by Order 4 Rule 15 (1) Supreme Court Rules 2024.
Therefore, this transition does not waive the financial obligation of the default parties.
Advantages of Supreme Court Transitional Period of Order 4 Rule 15 (1) 2024
- It facilitates fair hearing and justice on merit
- Flexibility of Court Rules
- Compliance with all applicable rules regarding default fees
- It emphasizes on the principle of Justice Delayed is not Justice denied
- It increase the finance of the Supreme Court.
Disadvantages of Supreme Court Transitional Period of Order 4 Rule 15 (1) 2024
- Lack of procedural discipline and ensure timely resolution of cases in the supreme court
- It encourages Want of diligent prosecution as against the counsel who was diligent with his or her work/case.
- Lack of strict adherence to timeline for filing of legal processes in both civil and criminal appeal with exemption to criminal case of death sentence.
Court Processes that can be regularized within the Transitional period
- a Respondent Brief of Argument
- b Appellant Reply to Respondent Brief of Argument
- c Applicant Reply Address etc.
In conclusion, transitional period is indeed a period of grace to enable litigants to have a fair hearing so that justice can administered on merit and for counsels to comply with the rules of the court.