Supreme Court Rules on Retroactivity of Procedural Laws

On June 4, 2025, the Supreme Court of Nigeria, presided over by Justices John Inyang Okoro, Helen Moronkeji Ogunwumiju, Tijjani Abubakar, Haruna Simon Tsammani, and Moham Baba Idri, addressed the issue of retroactivity in procedural laws in case SC 471/2015 involving First Bank Nigeria PLC and Obong Ifiok Dr. Anni Asikpo.

The court examined the validity of a writ of summons issued in 2008, which was not signed by counsel, leading to a preliminary objection from the appellant. The trial court dismissed the objection, but the appellate court affirmed this decision.

The Supreme Court ultimately ruled that the unsigned writ was incompetent, emphasizing that compliance with the High Court of Akwa Ibom State Civil Procedure Rules 1989 is mandatory for jurisdiction. The court clarified that procedural rules cannot be applied retroactively unless explicitly stated, reinforcing the principle that an unsigned writ is invalid and cannot invoke the court's jurisdiction.