Femi Falana Urges Supreme Court and Court of Appeal to Hear Fundamental Rights Appeals During Vacation
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has urged the Chief Justice of Nigeria and the President of the Court of Appeal to designate appellate justices to hear fundamental rights appeals during the annual vacation of the Supreme Court and Court of Appeal.
Falana made this recommendation in the third edition of his 2026 book, Fundamental Rights Enforcement in Nigeria, under the chapter titled Hearing of Fundamental Rights Cases During Vacation. He argued that while High Courts already provide for vacation judges to handle urgent matters, including fundamental rights applications, no similar arrangement exists at the appellate level, causing liberty-related appeals to be delayed alongside other cases.
According to Falana, Nigerian courts generally do not sit during annual vacation except where specific provisions allow otherwise. He noted that although the vacation period is not a public holiday, it has a similar legal effect, with courts ordinarily suspending proceedings.
He traced the principle to the West African Court of Appeal’s decision in Justus Olayemi Ososami v. The Commissioner of Police (1952/1955) 14 WACA, where then Chief Justice Verity held that public holidays are treated as dies non juridicus, meaning judicial proceedings cannot be conducted on such days.
Falana also cited the Supreme Court’s judgment in Oboreuboriitaye & 7 Others v. Chief Okuoweekaidere & 4 Ors (SC.268/1976), delivered on October 26, 1978, which ruled that proceedings conducted during a court vacation without the required leave were null and void.
He explained that the rules governing High Courts across Nigeria empower designated judges to hear urgent matters during the annual vacation. As an example, he referenced Order 46, Rule 4(b) of the Federal High Court (Civil Procedure) Rules, under which the Chief Judge of the Federal High Court regularly appoints vacation judges to handle cases involving enforcement of fundamental rights, arrest or release of vessels, and matters affecting the national interest.
Falana noted that although vacation judges are stationed in Abuja, Lagos and Port Harcourt, they are authorised to hear qualifying cases originating from judicial divisions across the country.
He argued, however, that this arrangement ends at the appellate level.
According to Falana, neither the Court of Appeal nor the Supreme Court assigns justices to hear appeals during their annual vacation, resulting in fundamental rights appeals being postponed until the courts resume.
He urged the Chief Justice of Nigeria and the President of the Court of Appeal to establish vacation panels dedicated to hearing appeals arising from fundamental rights cases, citing the urgent nature of such proceedings.
Falana stressed that delays in resolving appeals involving personal liberty, unlawful detention, threats to life, freedom of movement and freedom of expression could have severe consequences. He noted that where a High Court refuses an application for the enforcement of fundamental rights, or where its decision is immediately challenged, affected parties may be left without appellate relief throughout the vacation period.
He argued that an applicant wrongly denied release could remain in detention until the courts reconvene because no appellate panel is available to hear the appeal.
The senior advocate said adopting vacation panels at the appellate level would align the Court of Appeal and the Supreme Court with the existing High Court practice, where Chief Judges routinely designate vacation judges to ensure urgent matters receive prompt judicial attention.
