Image: Kabusa16 / Wikimedia Commons, CC BY-SA 4.0
Weekend and holiday filing, depositions and cross-examination for fraud and forgery allegations, a cap of two adjournments per party, and electronic notification.
The Chief Judge of the Federal High Court, Justice John Terhemba Tsoho, issued the Federal High Court (Pre-Election) Practice Directions (Amendment), 2026 on 13 July 2026, effective 14 July. The instrument amends the Pre-Election Practice Directions 2026 and was made under sections 254 and 285(9), (10) and (14) of the Constitution and sections 29(5) and 88(2) of the Electoral Act 2026. The general elections are scheduled for 16 January 2027.
The timetable problem
Section 285(9) of the Constitution requires pre-election suits to be filed within 14 days of the event complained of, and section 285(10) requires judgment within 180 days of filing. Parties must submit candidate lists at least 120 days before the election, and section 88(4) of the Electoral Act 2026 forbids courts from halting a primary or general election pending litigation.
Key changes
Registries in all divisions will open on Saturdays, Sundays and public holidays from 10am to 2pm for filing pre-election matters only. Suits remain commenced by originating summons, but where fraud, forgery or other highly contentious facts are alleged, parties must file written depositions that may be cross-examined. Challengers to party primaries must join all necessary parties at the outset. The court may notify counsel of urgent events by email or other electronic means on at least 48 hours’ notice, and judges may hold virtual hearings. The Chief Judge may assign judges and transfer matters between divisions. Matters must be set down within seven days of close of pleadings, each party is limited to two adjournments save for change of counsel, and pre-election matters take priority until judgment.
Assessment
The amendments address the main causes of delay in past cycles: registries closed during filing windows, contested facts tried on affidavit evidence, and adjournments. The requirement to join all necessary parties at the start should reduce late joinder applications. Political parties and candidates should prepare records of primaries, including documents that may be subject to cross-examination, and counsel should monitor weekend registry arrangements. Commercial litigants can expect Federal High Court capacity to be diverted to election matters until early 2027.
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