Collective Redress And Class Actions 2023

1. Policy Development of Collective Redress/Class Action Mechanisms

1.1 History and Policy Drivers of the Legislative Regime

Class actions have evolved in Nigeria through rules of courts and judicial decisions. However, it is a concept that is still evolving in the Nigerian jurisprudence and restrictive in nature.

Historically, class action procedure existed in Order 13 Rule 15 of the High Court of Lagos State (Civil Procedure) Rules of 1972 (the "Lagos 1972 Rules") and continues to be retained in subsequent re-enactments of the Rules in later years. Order 15 Rule 13 of the High Court of Lagos State (Civil Procedure) Rules 2019 (the "Lagos 2019 Rules"), which are the extant rules, provides for class action in cases relating to the administration of estates, or property subject to a trust, or land held under customary law, or construction of a written instrument, including a statute in Lagos State.