Legal Strategies in Litigation in Nigeria

Litigation, the process of resolving disputes through the court system, is a cornerstone of legal practice in Nigeria. As a country with a dual legal system that incorporates both common law principles and customary law, navigating litigation effectively requires a strategic approach. This article explores actionable legal strategies that litigators can employ to achieve favorable outcomes in Nigerian courts.

1. Establishing and Challenging Jurisdiction

Jurisdiction is the foundation of any case. A well-timed objection to jurisdiction can end a case before it begins. Litigators should:

• Carefully analyze the subject matter, parties, and geographical scope of the claim to confirm the court’s competence. For instance, the case of Madukolu v. Nkemdilim (1962) LPELR-SC.140/1961 established the essential elements for a court to assume jurisdiction.
• File preliminary objections early to challenge jurisdiction if there are deficiencies in the suit’s filing.
• Use interlocutory appeals to delay proceedings in complex jurisdictional disputes while preserving your client’s interests, as allowed under Section 241 of the Nigerian Constitution.

In some instances, lawyers may file jurisdictional challenges not because of genuine concerns but as a delay tactic. While such practices are ethically questionable, they are sometimes employed to frustrate the opposing party.

2. Strategic Drafting and Amendment of Pleadings

Well-crafted pleadings set the tone for the litigation. Strategies include:

• Clearly stating the facts while omitting unnecessary details that could confuse or weaken your position.
• Using pleadings as a tactical tool to frame issues in your client’s favor while narrowing the opponent’s grounds for defense.
• Amending pleadings promptly when new evidence emerges or procedural errors are identified, in line with Order 24 of the High Court of Lagos State Civil Procedure Rules 2019.

It is worth noting that some lawyers occasionally overburden pleadings with irrelevant details to overwhelm or confuse the court, a practice that borders on sharp tactics.

3. Leveraging Interlocutory Applications

Interlocutory applications are crucial tools to gain control over the litigation process. Examples include:

• Ex Parte Applications: Secure urgent interim reliefs, such as freezing orders or injunctions, before notifying the opposing party. Order 11, Rule 1 of the High Court of Lagos State Civil Procedure Rules governs such applications.
• Motions to Strike Out: Eliminate frivolous claims or defenses early in the proceedings, as demonstrated in Ogunbiyi v. Ishola (1996) 6 NWLR (Pt. 452) 12.
• Motions for Default Judgment: Capitalize on the other party’s procedural lapses to secure an early win.

While these applications are legitimate, some lawyers misuse them to delay proceedings unnecessarily, a practice that may not always align with ethical standards.

4. Tactical Evidence Management

Evidence determines the outcome of cases, so its management must be strategic. Key approaches include:

• Pretrial Discovery: Use interrogatories, subpoenas, and document requests to uncover vital information and weaken the opponent’s case. For example, Order 43 of the Federal High Court Rules provides for pretrial discovery mechanisms.
• Admissibility Challenges: Proactively object to inadmissible evidence, such as improperly certified documents or hearsay, in line with the Evidence Act 2011.
• Expert Evidence: Introduce forensic or technical expertise to strengthen your client’s case and undermine the opposing party’s claims.

Some lawyers, however, engage in practices such as withholding evidence until the last minute to ambush opponents, which, while sometimes effective, raises ethical concerns.

5. Mastering Cross-Examination

Cross-examination is a pivotal stage in litigation where the credibility of witnesses can be tested. Strategies include:

• Highlighting Inconsistencies: Use prior statements or contradictory evidence to undermine the testimony of opposing witnesses. This is supported by Section 223 of the Evidence Act 2011.
• Leading Questions: Frame questions that require simple “yes” or “no” answers to control the narrative.
• Judicious Use of Silence: Allow pauses to pressure witnesses into making errors or revealing critical information.

Some lawyers resort to intimidation or aggressive tactics during cross-examination, practices that might cross ethical boundaries but are still employed in some Nigerian courtrooms.

6. Managing Trial Timelines

Delays in Nigerian courts are common, but litigators can use procedural strategies to manage timelines effectively:

• Front-Loading Evidence: Under the frontloading system, ensure all necessary documents and witness statements are filed alongside pleadings to prevent adjournments. This approach is required under the High Court of Lagos State Civil Procedure Rules 2019.
• Objecting to Adjournments: Resist frivolous adjournment requests by citing judicial efficiency and client prejudice.
• Case Management Conferences: Actively participate in pretrial conferences to agree on timelines and reduce trial complexity, as stipulated under Order 25 of the High Court Rules.

Unfortunately, some practitioners intentionally delay proceedings through repeated adjournment requests or procedural technicalities to exhaust the opposing party’s resources.

7. Employing Strategic Settlement Tactics

Settlement negotiations can be a powerful litigation tool. Litigators should:

• Initiate settlement discussions at moments of leverage, such as after obtaining a favorable ruling on an interlocutory application.
• Utilize court-referred Alternative Dispute Resolution (ADR) mechanisms, like mediation, to resolve disputes without trial, as encouraged under the Lagos Multi-Door Courthouse (LMDC) framework.
• Structure settlement agreements with clear terms to avoid future disputes or enforcement challenges.

At times, some lawyers initiate settlement talks not in good faith but as a delay strategy to buy time or pressure the opposing party.

8. Preparing for Appeal

If the trial outcome is unfavorable, having an appeal strategy from the outset is critical. Litigators should:

• Identify potential grounds of appeal during the trial, such as procedural irregularities or misapplication of the law, as seen in Emegokwue v. Okadigbo (1973) 4 SC.
• Seek stay of execution orders to prevent enforcement of judgments pending appeal, in line with Order 32 of the Court of Appeal Rules.
• File appeals promptly, adhering strictly to statutory timelines to avoid dismissal on technical grounds.

9. Enforcement of Judgments

Winning a case is only half the battle; enforcement ensures the judgment’s value. Strategies include:

• Garnishee Proceedings: To attach funds held by third parties, such as banks, for judgment debt satisfaction, under Order VIII of the Judgment Enforcement Rules.
• Writs of Possession or Execution: To enforce property-related judgments.
• Contempt Proceedings: To compel compliance with court orders by holding defaulters accountable.

10. Adapting to Local Court Dynamics

Understanding the procedural preferences and practices of specific judges or court divisions can provide a strategic advantage. Litigators should:

• Research the judge’s previous rulings to anticipate potential inclinations.
• Maintain professional relationships with court officials to facilitate smooth procedural compliance.

Conclusion

Litigation in Nigeria is as much an art as it is a science, requiring tactical acumen and a deep understanding of procedural and substantive law. Employing the above strategies can give litigators an edge in court proceedings, ensuring their clients’ interests are robustly defended or advanced. Success ultimately depends on meticulous preparation, adaptability, and skilled courtroom execution. However, practitioners must remain conscious of ethical boundaries, ensuring that their strategies align with the principles of fairness and justice.