Section 44: Power to Make Rules of Court.
(1) the Chief Judge may, with the approval of the President, make rules of court for carrying this act into effect, and in particular and without prejudice to the generality of the foregoing, for all or any of the following purposes and matters-
(a) regulating the practice and procedure of the Court, including all matter's connected with the forms to be used and the fees to be paid;
(b) Prescribing the practice and procedure upon an appeal or an application to the court where provision is made in any enactment or law for such an appeal or such an application;
(c) regulating the practice and procedure in cases where an order of mandamus, prohibition or certiorari is sought or proceedings are taken for an injunction;
(d) regulating, subject to the provisions of this Act, trials by the Court with assessors;
(e) regulating-
(i) the fees to be paid; and
(ii) the taxation and recovery of fees and disbursements;
(f) defining, so far as may be conveniently defined by general rules, the duties of the several officers of court;
(g) regulating, subject to the provisions of this act, the sittings of the court and of the Judges thereof whether sittings in court or chambers, the business and hours of the court and of the offices connected therewith, and the conduct of the business of the court during vacation;
(h) prescribing what part of the business which may be transacted and of the jurisdiction which may be exercised by the judges of the court in chambers or may be transacted or exercised by registrars or other officers of the court;
(i) regulating any matters relating to the costs of proceedings in the court;
(j) regulating the means which any judgment or decree of any court outside Nigeria or of the Supreme Court of Nigeria or the former Supreme Court, Court of Appeal, High Court or any other Superior Court established or to be established elsewhere in Nigeria which it is necessary to prove or lawful to enforce shall be proved or enforced;
(k) regulating the arrest of absconding defendants and the giving of security for their release;
(l) regulating the payment of allowances and travelling expenses of witnesses;
(m) imposing penalties on any person who fails to take any action required by a ruling of court;
(n) for requiring and regulating the filling of accounts;
(o) for regulating the procedure in respect of any matter in which the court has and may exercise original or appellate jurisdiction under this act and for fixing the fees payable or proving that no fees be paid or that certain fees need not be paid;
(p) for ascertaining the value of anything that requires to be ascertained;
(q) for regulating and prescribing the duties and procedure of assessors, referees and arbitrators;
(r) for regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings or by application in connection with or at any stage of any proceedings;
(s) for proving for the service or execution of any writ, warrant, order or other process issuing out of the court, the payment of mileage allowance before or after service or execution, the conditions precedent before of certain classes will be served or executed and the procedure to be followed after the service or execution of such process;
(t) for providing for the taking shorthand notes of evidence and proceedings in the court for the payment of fees for the taking of notes out of public funds, and for fixing the charges for the making and supply of transcripts of the notes, and for the payment of such charges either by the parties to the proceedings or out of public funds;
(u) prescribing the procedure for the transfer of proceeings from the Court to the High Court of a State or the Federal Capital Territory, Abuja and to a Magistrate's Court; and
(v) prescribing vacations.
(2) Rules of Court made under this section shall apply to all proceedings by or against the Government of the Federation.
Cite this section
Section 44, FEDERAL HIGH COURT ACT (1973).
https://repo.podus.ai/laws/federal-high-court-act/section/44/