By Okoi Obono-Obla
Under the Rules of the various superior courts of record established by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) – namely the Supreme Court of Nigeria, the Court of Appeal, the Federal High Court, the High Court of the Federal Capital Territory, Abuja, the National Industrial Court of Nigeria, and the High Courts of the 36 States – provision is made for the administration of justice during court vacation.
It is a settled practice that the Chief Justice of Nigeria, the President of the Court of Appeal, and the Heads of the various High Courts are empowered to declare vacation periods and to appoint Vacation Judges to hear only matters that require real and exceptional urgency.
The general principle is clear: substantive matters are not heard during vacation. A matter will only be entertained during vacation where the parties establish real urgency. An applicant who desires that his case be heard during vacation must file an affidavit disclosing exceptional urgency, and such application for leave must first be heard and granted by the Vacation Judge before the substantive application can proceed.
The statutory framework for this principle is contained in the respective Rules of Court:
1. The Supreme Court of Nigeria
The Supreme Court’s vacation is governed by Order 21 of the Supreme Court Rules, 2024. Order 21 Rule 1 provides that the Court shall proceed on an annual vacation for a period of not less than eight (8) weeks between July and September as the Chief Justice may by notice direct. Order 21 Rule 3 expressly provides that the Chief Justice may constitute a panel(s) of the Court to sit during annual vacation to hear and determine any urgent matter, while Order 21 Rule 4 provides that except as applicable in Rule 3, the time for filing of Briefs of Argument shall not run during vacation.
2. The Court of Appeal
Similarly, Order 24 of the Court of Appeal Rules, 2021 regulates vacation sittings. Order 24 Rule 3 provides that the President may constitute a panel(s) to sit during annual vacation to hear and determine any urgent matter. Order 24 Rule 4 provides that vacation shall not be reckoned in the time for filing Briefs. By convention, the Court observes an annual vacation of not less than ten (10) weeks.
3. The Federal High Court
The Federal High Court’s annual vacation is declared pursuant to Order 46, Rule 4(d) of the Federal High Court (Civil Procedure) Rules, 2019. Order 46 Rule 5 provides that the Chief Judge may assign one or more Judges to be Vacation Judges to attend to urgent matters during vacation, and that a cause may be heard during vacation with the agreement of parties.
The Chief Judge’s annual circular typically clarifies the scope of that jurisdiction, directing that “Only matters pertaining to the enforcement of fundamental rights, the arrest or release of vessels, and issues of urgent national importance shall be entertained by the Vacation Judges.” Only designated divisions – Abuja, Lagos, Port Harcourt and Enugu – remain operational for extreme urgency during that period.
4. The High Court of the Federal Capital Territory, Abuja
For the FCT High Court, Order 48 of the High Court of the Federal Capital Territory (Civil Procedure) Rules, 2025 is applicable. Order 48 Rules 4(c) and 4(e) empower the Chief Judge to declare Christmas and annual vacations, while Order 48 Rule 5 provides the procedure for urgent matters: where a matter is urgent, the application may be brought ex parte before the Vacation Judge for leave to be heard.
The limits of this jurisdiction were reaffirmed in Keystone Bank Ltd v. TAK Logistics Ltd & Ors (FCT/HC/CV/2329/2025) where Hon. Justice Chizoba Oji held that Order 48 Rule 5(1) does not permit a Vacation Judge to hear a part-heard matter during vacation unless the matter is a fresh case or is expressly reassigned by the Chief Judge, or where all parties consent.
5. The National Industrial Court of Nigeria
The National Industrial Court derives its power from Order 58, Rule 4(1)(c) of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017, which empowers the President of the Court to fix vacation periods. The settled practice of the Court is that during annual vacation, there shall be no court sittings except for urgent applications where the res of a case may be destroyed if not heard by a Vacation Judge.
6. The High Courts of the 36 States
The State High Courts have analogous provisions. For instance, Order 49 Rule 4(d) of the Lagos State High Court (Civil Procedure) Rules defines the long vacation and empowers the Chief Judge to appoint Vacation Judges. In all States, the common thread is that only fresh cases of extreme urgency, supported by affidavit evidence, may be entertained.
In conclusion, vacation in the Nigerian superior courts is a judicial recess intended to allow Judges to rest and prepare for the new legal year. It is not a period for routine or substantive litigation. The jurisdiction of a Vacation Judge is therefore exceptional and strictly confined to matters where real, demonstrable urgency is established by affidavit – such as where there is imminent destruction of the res, irreparable damage, unlawful detention, enforcement of fundamental rights, or matters of dire national interest that cannot await the end of vacation.
