First Schedule – Nigerian Electoral Act 2010
Rules of Procedure for Election Petitions
- In this Schedule-
“Attorney-General” means the Attorney-General of the
Federation and includes the Attorney-General of a State
where the context admits;
“Civil Procedure Rules” means the Civil Procedure Rules of
the Federal High Court for the time being in force;
“Election” means any election under this Act to which an
election petition relates;
“Registry” means a Registry set up for an Election Tribunal
established by the Constitution or this Act or the Registry
of the Court of Appeal;
“Secretary” means the Secretary of an election Tribunal
established by the Constitution or this Act and shall include
the Registrar of the Court of Appeal or any officer or Clerk
acting for him;
“Tribunal” means an Election Tribunal established under
this Act or the Court of Appeal;
“Tribunal Notice Board” means a notice board at the
Registry or a notice board at the place of hearing where
notice of presentation of election petition or notice of
hearing an election petition or any other notice may be
given or posted.
SECURITY FOR COSTS
- (1) At the time of presenting an election petition, the
petitioner shall give security for all costs which may
become payable by him to a witness summoned on
his behalf or to a respondent.
(2) The security shall be of such amount not less than
N5,000.00 as the Tribunal or Court may order and
shall be given by depositing the amount with the
Tribunal or Court.
(3) Where two or three persons join in an election
petition, a deposit as may be ordered under
subparagraph (2) of this paragraph of this Schedule
shall be sufficient.
(4) If no security is given as required by this paragraph,
there shall be no further proceedings on the election
petition.
PRESENTATION OF ELECTION PETITION
- (1) The presentation of an election petition under this
Act shall be made by the petitioner (or petitioners if
more than one) in person, or by his Solicitor, if any,
named at the foot of the election petition to the
Secretary, and the Secretary shall give a receipt.
(2) The Petitioner shall, at the time of presenting the
election petition, deliver to the Secretary a copy of the
election petition for each respondent and ten other
copies to be preserved by the Secretary.
(3) The Secretary shall compare the copies of the election
petition received in accordance with subparagraph (2)
of this paragraph with the original petition and shall
certify them as true copies of the election petition on
being satisfied by the comparison that they are true
copies of the election petition.
(4) The petitioner or his Solicitor, as the case may be,
shall, at the time of presenting the election petition,
pay the fees for the service and the publication of the
petition, and for certifying the copies and, in default
of the payment, the election petition shall be deemed
not to have been received; unless the Tribunal or
Court otherwise orders.
CONTENTS OF ELECTION PETITION
- (1) An election petition under
this Act shall- (a) specify the parties
interested in the election petition;
(b) specify the right of the petitioner to present the
election petition;
(c) state the holding of the election, the scores of the
candidates and the person returned as the winner of
the election; and
(d) state clearly the facts of the election petition and the
ground or grounds on which the petition is based and
the relief sought by the petitioner.
(2) The election petition shall be divided into paragraphs
each of which shall be confined to a distinct issue or
major facts of the election petition, and every
paragraph shall be numbered consecutively.
(3) The election petition shall further-
(a) conclude with a prayer or prayers, as for instance,
that the petitioner or one of the petitioners be
declared validly elected or returned, having polled the
highest number of lawful votes cast at the election or
that the election may be declared nullified, as the case
may be; and
(b) be signed by the petitioner or all petitioners or by the
Solicitor, if any, named at the foot of the election
petition.
(4) At the foot of the election petition there shall also be
stated an address of the petitioner for service at
which address documents intended for the petitioner
may be left and its occupier.
(5) The election petition shall be accompanied by-
(a) a list of the witnesses that the petitioner intends to
call in proof of the petition;
(b) written statements on oath of the witnesses; and
(c) copies or list of every document to be relied on at the
hearing of the petition.
(6) A petition which fails to comply with sub-paragraph
(5) of this paragraph shall not be accepted for filing
by the secretary.
(7) The election petition shall be accompanied by-
(a) a list of the witnesses that the petitioner intends to
call in proof of the petition;
(b) written statements on oath of the witnesses; and
(c) copies or list of every document to be relied on at the
hearing of the petition.
(8) A petition which fails to comply with subparagraph (7)
of this paragraph shall not be accepted for filing by
the Secretary.
(9) An election petition, which does not comply with,
subparagraph (1) of this paragraph or any provision
of that subparagraph is defective and may be struck
out by the Tribunal or Court.
FURTHER PARTICULARS.
- Evidence need not to be stated in the election petition,
but the Tribunal or Court may order such further
particulars as may be necessary –
(a) to prevent surprise and unnecessary expense;
(b) to ensure fair and proper hearing in the same way as
in a civil action in the Federal High Court; and
(c) on such terms as to costs or otherwise as may be
ordered by the Tribunal or Court.
ADDRESS OF SERVICE
For the purpose of service of an election petition on the
respondents, the
- petitioner shall furnish the Secretary with the address
of the respondents’ abode or the addresses of places
where personal service can be effected on the
respondents.
ACTION BY SECRETARY
- (1) On the presentation of an election petition and
payment of the requisite fees, the Secretary shall
forthwith –
(a) cause notice of the presentation of the election
petition, to be served on each of the respondents;
(b) post on the tribunal notice board a certified copy of
the election petition; and
(c) set aside a certified copy for onward transmission to
the person or persons required by law to adjudicate
and determine the election petition.
(2) In the notice of presentation of the election petition,
the Secretary shall state a time, not being less than
five days but not more than seven days after the date
of service of the notice, within which each of the
respondents shall enter an appearance in respect of
the election petition.
(3) In fixing the time within which the respondents are to
enter appearance, the Secretary shall have regard to(
a) the necessity for securing a speedy hearing of the
election petition; and
(b) the distance from the Registry or the place of hearing
to the address furnished under paragraph 4(4) of this
Schedule.
PERSONAL SERVICE ON RESPONDENT
- (1) Subject to subparagraph (2) and (3) of this
paragraph, service on the respondents-
(a) of the documents mentioned in subparagraph (1) (a)
of paragraph 7 of this Schedule; and
(b) of any other documents required to be served on them
before entering appearance, shall be personal.
(2) Where the petitioner has furnished, under paragraph
6 of this Schedule, the addresses of the places where
personal service can be effected on the respondents
and the respondents or any of them cannot be found
at the place or places, the tribunal or court on being
satisfied, on an application supported by an affidavit
showing that all reasonable efforts have been made to
effect personal service, may order that service of any
document mentioned in subparagraph (1) of this
paragraph be effected in any ways mentioned in the
relevant provisions of the Civil Procedure Rules for
effecting substituted service in Civil cases and that
service shall be deemed to be equivalent to personal
service.
(3) The proceedings under the election petition shall not
be vitiated notwithstanding the fact that-
(a) the respondents or any of them may not have been
served personally; or
(b) a document of which substituted service has been
effected pursuant to an order made under
subparagraph (2) of this paragraph did not reach the
respondent, and in either case, the proceedings may
be heard and continued or determined as if the
respondents or any of them had been served
personally with the document and shall be valid and
effective for all purposes.
ENTRY OF APPEARANCE
- (1) Where the respondent intends to oppose the
election petition, he shall-
(a) within such time after being served or deemed to have
been served with the election petition; or
(b) where the Secretary has stated a time under
paragraph 7(2) of this Schedule, within such time as
is stated by the Secretary, enter an appearance by
filing in the registry a memorandum of appearance
stating that he intends to oppose the election petition
and giving the name and address of the solicitor, if
any, representing him or stating that he acts for
himself, as the case may be, and, in either case,
giving an address for service at which documents
intended for him may be left or served.
(2) If an address for service and its occupiers are not
stated, the memorandum of appearance shall be
deemed not to have been filed, unless the tribunal or
court otherwise orders.
(3) The memorandum of appearance shall be signed by
the respondent or his solicitor, if any.
(4) At the time of filing the memorandum of appearance,
the respondent or his solicitor, as the case may be,
shall-
(a) leave a copy of the memorandum of appearance for
each of the other parties to the election petition and
three other copies of the memorandum to be
preserved by the Secretary; and
(b) pay the fees for service as may be prescribed or
directed by the Secretary and in default of the copies
being left and the fees being paid at the time of filing
the memorandum of appearance, the memorandum
of appearance shall be deemed not to have been filed,
unless the tribunal or court otherwise orders.
(5) A respondent who has a preliminary objection against
the hearing of the election petition on grounds of law
may file a conditional memorandum of appearance.
NON-FILLING OF MEMORANDUM OF APPEARANCE.
- (1) If the respondent does not file a memorandum of
appearance as required under paragraph 9 of this
Schedule, a document intended for service on him
may be posted on the Tribunal notice board and that
shall be sufficient notice of service of the document on
the respondent.
(2) The non-filling of a memorandum of appearance shall,
not bar the respondent from defending the election
petition if the respondent files his reply to the election
petition in the Registry within a reasonable time, but,
in any case, not later than twenty-one (21) days from
the receipt of the election petition.
NOTICE OF APPEARANCE
- The Secretary shall cause copies of the memorandum
of appearance to be served on, or its notice to be
given to the other parties to the election petition.
FILING OF REPLY
- (1) The respondent shall, within 14 days of service of
the petition on him file in the Registry his reply,
specifying in it which of the facts alleged in the
election petition he admits and which he denies, and
setting out the facts on which he relies in opposition
to the election petition.
(2) Where the respondent in an election petition,
complaining of an undue return and claiming the seat
or office for a petitioner intends to prove that the claim
is incorrect or false, the respondent in his reply shall
set out the facts and figures clearly and distinctly
disproving the claim of the petitioner.
(3) The reply may be signed by the respondent or the
solicitor representing him, if any and shall state the
name and address of the solicitor at which subsequent
processes shall be served; and shall be accompanied
by copies of documentary evidence, list of witnesses
and the written statements on oath.
(4) At the time of filing the reply, the respondent or his
Solicitor, if any, shall leave with the Secretary copies
of the reply for services on the other parties to the
election petition with ten (10) extra copies of the reply
to be preserved by the Secretary, and pay the fees for
service as may be prescribed or directed by the
Secretary, and in default of leaving the required
copies of the reply or paying the fees for service, the
reply shall be deemed not to have been filed, unless
the Tribunal or Court otherwise orders.
SERVICE OF REPLY
- The Secretary shall cause a copy of the reply to be
served on each of the other parties to the election
petition.
AMENDMENT OF ELECTION PETITION AND REPLY.
- (1) Subject to subparagraph (2) of this paragraph,
the provisions of the Civil Procedure Rules relating to
amendment of pleadings shall apply in relation to an
election petition or a reply to the election petition as
if for the words “any proceedings” in those provisions
there were substituted the words “the election petition
or reply”.
(2) After the expiration of the time limited by-
(a) Section 134 (1) of this Act for presenting the election
petition, no amendment shall be made-
(i) introducing any of the requirements of subparagraph
(1) of paragraph 4 of this Schedule not contained in
the original Election petition filed, or
(ii) effecting a substantial alteration of the ground for, or
the prayer in, the election petition, or
(iii) except anything which may be done under the
provisions of subparagraph (2)(a)(ii) of this
paragraph, effecting a substantial alteration of or
addition to, the statement of facts relied on to support
the ground for, or sustain the prayer in the election
petition; and
(b) paragraph 12 of the Schedule for filing the reply, no
amendment shall be made-
(i) alleging that the claim of the seat or office by the
petitioner is incorrect or false; or
(ii) except anything which may be done under theprovisions
of subparagraph (2)(a)(ii) of this
paragraph, effecting any substantial alteration in or
addition to the admissions or the denials contained in
the original reply filed, or to the facts set out in the
reply.
PARTICULARS OF VOTES REJECTED
- When a petitioner claims the seat alleging that he had
the highest number of valid votes cast at the election,
the party defending the election or return at the
election shall set out clearly in his reply particulars of
the votes, if any, which he objects to and the reasons
for his objection against such votes, showing how he
intends to prove at the hearing that the petitioner is
not entitled to succeed.
PETITIONER’S REPLY
- (1) If a person in his reply to the election petition
raises new issues of facts in defence of his case which
the petition has not dealt with, the petitioner shall be
entitled to file in the Registry, within five (5) days
from the receipt of the respondent’s reply, a
petitioner’s reply in answer to the new issues of fact,
so however that-
(a) the petitioner shall not at this stage be entitled to
bring in new facts, grounds or prayers tending to
amend or add to the contents of the petition filed by
him; and
(b) the petitioner’s reply does not run counter to the
provisions of subparagraph (1) of paragraph 14 of this
Schedule.
(2) the time limited by subparagraph (1) of this
paragraph shall not be extended.
(3) The petitioner in proving his case shall have 14 days
to do so and the respondent shall have 14 days to
reply.
FURTHER PARTICULARS OR DIRECTIVE
- (l) If a party in an election petition wishes to have
further particulars or other directions of the Tribunal
or Court, he may, at any time after entry of
appearance, but not later than ten days after the filing
of the reply, apply to the Tribunal or Court specifying
in his notice of motion the direction for which he prays
and the motion shall, unless the Tribunal or Court
otherwise orders, be set down for hearing on the first
available day.
(2) If a party does not apply as provided in subparagraph
(1) of this paragraph, he shall be taken to require no
further particulars or other directions and the party
shall be barred from so applying after the period laid
down in subparagraph (l) of this paragraph has
lapsed.
(3) Supply of further particulars under this paragraph
shall not entitle the party to go beyond the ambit of
supplying such further particulars as have been
demanded by the other party, and embark on undue
amendment of,
or additions to, his petition or reply, contrary to
paragraph 14 of this Schedule.
PRE-HEARING SESSION AND SCHEDULING
- (1) Within 7 days after the filing and service of the
petitioner’s reply on the respondent or 7 days after
the filing and service of the respondent’s reply,
whichever is the case, the petitioner shall apply for
the issuance of pre-hearing notice as in Form TF 007.
(2) Upon application by a petitioner under sub-paragraph
(1) of this paragraph, the tribunal or court shall issue
to the parties or their Legal Practitioners (if any) a
pre-hearing conference notice as in Form TF 007
accompanied by a pre-hearing information sheet as in
Form TF 008 for-
(a) the disposal of all matters which can be dealt with on
interlocutory application;
(b) giving such directions as to the future course of the
petition as appear best adapted to secure its just,
expeditious and economical disposal in view of the
urgency of election petitions;
(c) giving directions on order of witnesses to be called
and such documents to be tendered by each party to
prove their cases having in view the need for the
expeditious disposal of the petition; and
(d) fixing clear dates for hearing of the petition.
(3) The respondent may bring the application in
accordance with subparagraph (l) where the
petitioner fails to do so, or by motion which shall be
served on the petitioner and returnable in 3 clear
days, apply for an order to dismiss the petition.
(4) Where the petitioner and the respondent fail to bring
an application under this paragraph, the tribunal or
court shall dismiss the petition as abandoned petition
and no application for extension of time to take that
step shall be filed or entertained.
(5) Dismissal of a petition pursuant to subparagraphs (3)
and (4) of this paragraph is final, and the tribunal or
court shall be functus officio.
(6) At the pre-hearing session, the tribunal or court shall
enter a scheduling
Order for-
(a) joining other parties to the petition;
(b) amending petition or reply or any other processes;
(c) filing and adoption of written addresses on all
interlocutory applications;
(d) additional pre-hearing session;
(e) order of witnesses and tendering of documents that
will be necessary for the expeditious disposal of the
petition; and
(f) any other matters that will promote the quick
disposal of the petition in the circumstances.
(7) At the pre-hearing session, the tribunal or court shall
consider and take appropriate action in respect of the
following as may be necessary or desirable-
(a) amendments and further and better particulars;
(b) the admissions of facts, documents and other
evidence by consent of the parties;
(c) formulation and settlement of issues for trial;
(d) hearing and determination of 0bjections on point of
law;
(e) control and scheduling of discovery; inspection and
production of documents,
(f) narrowing the field of dispute between certain types
of witnesses especially the Commission’s staff and
witnesses that officiated at the election, by their
participation at prehearing session or in any other
manner;
(g) giving orders or directions for hearing of crosspetitions
or any particular issue in the petition or for
consolidation with other petitions;
(h) determining the form and substance of the prehearing
order; and
(i) such other matters as may facilitate the just and
speedy disposal of the petition bearing in mind the
urgency of election petitions.
(8) At the pre-hearing session, the tribunal or court shall
ensure that hearing is not delayed by the number of
witnesses and objections to documents to be tendered
and shall pursuant to paragraph (b), (e), (b) and (e)
of this paragraph-
(a) allow parties to admit or exclude documents by
consent;
(b) direct parties to streamline the number of witnesses
to those whose testimonies are relevant and
indispensable.
(9) The pre-hearing session or series of the pre-hearing
sessions with respect to any petition shall be
completed within 14 days of its commencement, and
the parties and their legal practitioners shall
cooperate with the tribunal or court in working within
this time table. As far as practicable, pre-hearing
sessions shall be held from day to day or adjourned
only for purposes of compliance with pre-hearing
sessions, unless extended by the Chairman or the
Presiding Justice.
(10) After a pre-hearing session or series of pre-hearing
sessions the tribunal or court shall issue a report and
this report shall guide the subsequent course of the
proceedings, unless modified by the tribunal or court.
(11) If a party or his Legal Practitioner fails to attend the
pre-hearing sessions or obey a scheduling or prehearing
order or is substantially unprepared to
participate in the session or fails to participate in good
faith, the tribunal or court shall in the case of –
(a) the petitioner, dismiss the petition; and
(b) a respondent enter judgment against him.
(12) Any judgment given under subparagraph (11) of this
paragraph, may be set aside upon an application
made within 7 days of the judgment (which shall not
be extended) with an order as to costs of a sum not
less than N20,000.
(13) The application shall be accompanied by an
undertaking to participate effectively in the prehearing
session jointly signed by the applicant and the
Legal Practitioner representing him.
HEARING OF PETITION TO BE IN OPEN TRIBUNAL OR COURT
- Every election petition shall be heard and determined
in an open tribunal or court.
TIME AND PLACE OF HEARING PETITION
- (1) Subject to the provisions of subparagraph (2) of
this paragraph, the time and place of the hearing of an
election petition shall be fixed by the Tribunal or Court
and notice of the time and place of the hearing, which
may be as in Form TF. 005 set out in Second Schedule
to this Act, shall be given by the Secretary at least five
days before the day fixed for the hearing by-
(a) posting the notice on the tribunal notice board; and
(b) sending a copy of the notice by registered post or
through a messenger to the –
(i) petitioner’s address for service;
(ii) respondent’s addresses for service, if any; or
(iii) Resident Electoral Commissioner or the Commission
as the case may be.
(2) In fixing the place of hearing, the Tribunal or Court
shall have due regard to the proximity to and
accessibility from the place where the election was
held.
NOTICE OF HEARING
- A tribunal or court, as the case may be, shall publish
the notice of hearing by causing a copy of the notice
to be displayed in the place which was appointed for
the delivery of nomination papers prior to the election
or in some conspicuous place or places within the
constituency, but failure to do so or any miscarriage
of the copy of notice of hearing shall not affect the
proceedings if it does not occasion injustice against
any of the parties to the election petition.
POSTING OF NOTICE ON TRIBUNAL NOTICE BOARD DEEMED TO BE GOOD NOTICE
- The posting of the notice of hearing on the Tribunal
notice board shall be deemed and taken to be good
notice, and the notice shall not be vitiated by any
miscarriage of the copy or copies of the notice sent
pursuant to paragraph 16 of this Schedule.
POSTPONEMENT OF HEARING
- (1) The Tribunal or Court may, from time to time, by
order made on the application of a party to the
election petition or at the instance of the Tribunal or
Court, postpone the beginning of the hearing to such
day as the Tribunal or Court may consider appropriate
having regard at all times to the need for speedy
conclusion of the hearing of the election petition.
(2) A copy of the order shall be sent by the Secretary by
registered post or messenger to the Electoral Officer
or the Resident Electoral Commissioner or the
Commission who shall publish the order in the manner
provided in paragraph 20 of this Schedule for
publishing the notice of hearing, but failure on the part
of the Electoral Officer or Resident Electoral
Commissioner or the Commission to publish the copy
of the order of postponement shall not affect the
proceedings in any manner whatsoever.
(3) The Secretary shall post or cause to be posted on the
tribunal notice board a copy of the order.
(4) Where the tribunal or court gives an order of
postponement at its own instance, a copy of the order
shall be sent by the Secretary by registered post or
messenger to the address for service given by the
petitioner and to the address for service, if any, given
by the respondents or any of them.
(5) The provisions of paragraph 21 of this Schedule shall
apply to an order or a notice of postponement as they
do to the notice of hearing. Non arrival of
Chairman of Tribunal or Presiding Justice of the Court - If the Chairman of the Tribunal or Presiding Justice of
the Court has not arrived at the appointed time for the
hearing or at the time to which the hearing has been
postponed, the hearing shall, by reason of that fact,
stand adjourned to the following day and so from day
to day.
HEARING CONTINUES FROM DAY TO DAY
- (1) No formal adjournment of the Tribunal or Court
for the hearing of an, election petition shall be
necessary, but the hearing shall be deemed adjourned
and may be continued from day to day until the
hearing is concluded, unless the Tribunal or Court
otherwise directs as the circumstances may dictate.
(2) If the Chairman of the Tribunal or the Presiding Justice
of the Court who begins the hearing of an election
petition is disabled by illness or otherwise, the hearing
may be recommended and concluded by another
Chairman of the Tribunal or Presiding Justice of the
Court appointed by the appropriate authority.
ADJOURNMENT OF HEARING
- (1) After the hearing of an election petition has begun,
if the inquiry cannot be continued on the ensuing day
or, if that day is a Sunday or a Public Holiday, on the
next day, the hearing shall not be adjourned sine die
but to a definite day to be announced before the rising
of the Tribunal or Court and notice of the day to which
the hearing is adjourned shall forthwith be posted by
the Secretary on the notice board.
(2) The hearing may be continued on a Saturday or on a
Public Holiday if circumstances dictate.
POWER OF CHAIRMAN OF THE TRIBUNAL OR THE PRESIDING JUSTICE OF THE COURT TO DISPOSE ON INTERLOCUTORY MATTERS
- (1) All interlocutory questions and matters may be
heard and disposed of by the Chairman of the Tribunal
or the Presiding Justice of the Court who shall have
control over the proceedings as a Judge in the Federal
High Court.
(2) After the hearing of the election petition is concluded,
if the tribunal or court before which it was heard has
prepared its judgment but the Chairman or the
Presiding Justice is unable to deliver it due to illness
or
any other cause, the judgment may be delivered by
one of the members, and the judgment as delivered
shall be the judgment of the Tribunal or Court and the
member shall certify the decision of the Tribunal or
Court to the Resident Electoral Commissioner, or to
the Commission.
EFFECT OF DETERMINATION OF ELECTION PETITION
- (1) At the conclusion of the hearing, the Tribunal shall
determine whether a person whose election or return
is complained of or any other person, and what
person, was validly returned or elected, or whether
the election was void, and shall certify the
determination to the Resident Electoral Commissioner
or the Commission.
(2) If the tribunal or court has determined that the
election is invalid, then, subject to section 138 of this
Act, where there is an appeal and the appeal fails, a
new election shall be held by the Commission.
(3) Where a new election is to be held under the
provisions of this paragraph, the Commission shall
appoint a date for the election which shall not be later
than 3 months from the date of the determination.
WITHDRAWAL OR ABATEMENT OF PETITION
- (1) An election petition shall not be withdrawn without
leave of the Tribunal or Court.
(2) Where the petitioners are more than one no
application for leave to withdraw the election petition
shall be made except with the consent of all the
petitioners.
(3) The application for leave to withdraw an election shall
be made by motion after notice of the application has
been given to the respondents.
(4) The notice of motion shall state the grounds on which
the motion to withdraw is based, supported with
affidavit verifying the facts and reasons for
withdrawal, signed by the petitioner or petitioners in
the presence of the Secretary.
(5) At the time of filing the notice of motion the petitioner
or petitioners shall leave copies for service on the
respondent.
(6) The petitioner or petitioners shall also file the
affidavits required under subparagraph (4) of this
paragraph together with copies for each respondent
and pay the fees prescribed or directed by the
Secretary for services.
AFFIDAVITS AGAINST ILLEGAL TERM OF WITHDRAWAL
- (1) Before the leave for Withdrawal of an election
petition is granted, each of the parties to the petition
shall produce an affidavit, stating that-
(a) to the best of the deponent’s knowledge and belief no
agreement or term of any kind whatsoever has been
made; and
(b) no undertaking has been entered into, in relation to
the withdrawal of the petition, but if any lawful
agreement has been made with respect to the
withdrawal of the petition, the affidavit shall set forth
that agreement and shall make the foregoing
statement subject to what appears from the affidavit.
TIME FOR HEARING MOTION FOR LEAVE TO WITHDRAW PETITION
- (1) The time for hearing the motion for leave to
withdraw the election petition shall be fixed by the
Tribunal or Court.
(2) The Secretary may give notice of the day fixed for the
hearing of the motion to the respondents and post or
cause to be posted on the Tribunal notice board a copy
of the notice.
PAYMENT OF COSTS TO RESPONDENTS
- If the election petition is withdrawn, the petitioner
shall be liable to pay appropriate costs to the
respondents or any of them unless the Tribunal or
Court otherwise orders.
ABATEMENT OF PROCEEDINGS IN ELECTION PETITION
- (1) If a sole petitioner or the survivor of several
petitioners dies, then, subject to subparagraphs (2)
and (3) of this paragraph, there shall be no further
proceedings on the election petition and the Tribunal
or Court may strike it out of its cause list.
(2) The death of a petitioner shall not affect his liability
for the payment of costs previously incurred in the
course of proceedings in respect of the election
petition prior to its abatement.
(3) Where notice, with copies for each party to the
election petition supported by the affidavit of two
witnesses testifying to the death of a sole petitioner
or of the survivor of several petitioners, is given to the
Secretary, he shall submit the notice to the tribunal or
court and if the Tribunal or Court so directs, the
Secretary shall-
(a) serve notice thereof on the other parties to the
petition;
(b) post or cause to be posted a notice thereof on the
Tribunal notice board; and
(c) cause notice thereof to be published in conspicuous
places in the constituency, in such form as the
Tribunal or Court may direct.
NOTICE OF NO OPPOSITION TO PETITION
- (1) If before the hearing of an election petition, a
respondent, other than the Electoral Officer, the
Returning Officer or Presiding Officer, gives to the
Tribunal or Court notice in writing signed by him or his
Solicitor before the Secretary that he does not intend
to oppose the election petition, the Secretary shall-
(a) serve notice thereof on the other parties to the
election petition; and
(b) post or cause to be posted a notice thereof on the
Tribunal notice board.
(2) The respondent shall file the notice with a copy for
each other party to the election petition not less than
six days before the day appointed for hearing of the
election petition.
(3) A respondent who has given notice of his intention not
to oppose the election petition shall not appear or act
as a party against the election petition in any
proceeding on it; but the giving of the notice shall not
of itself cause him to cease to be a respondent.
COUNTERMAND OF NOTICE OF HEARING
- (1) Where a notice of the –
(a) petitioner’s intention to apply for leave to withdraw
an election petition;
(b) death of the sole petitioner or the survivor of several
petitioners; or
(c) respondent’s intention not to oppose an election
petition, is received after notice of hearing of the
election petition has been given, and before the
hearing has begun, the Secretary shall forthwith
countermand the notice of hearing.
(2) The countermand shall be given in the same manner,
and, as near as may be, as the notice of hearing.
DISCRETION OF TRIBUNALS OR COURT IF NO REPLY
- Where the respondent has not entered an appearance,
or has not filed his reply within the prescribed time or
within such time as the tribunal or court may have
allowed, or has given notice that he does not intend
to oppose the petition, then if–
(a) there remains no more than one other candidate in
the election who was not returned;
(b) the election petition contains no prayer for a
determination that the election was void;
(c) there are no facts or grounds stated in the election
petition or in the reply, if any, or stated in any further
particulars filed in the proceedings or otherwise
appearing on proof of which it ought to be determined
that election was void; or
(d) the election petition is one complaining of undue
return and claiming the seat or office for the candidate
who was not returned and the respondent has not
raised any formal or written objections to any of the
votes relied on by the petitioner, the Tribunal or Court
may, if it deems fit, determine the proceedings on the
election petition without hearing evidence or further
evidence, and in any case, the proceedings shall be
continued and determined on such evidence or
otherwise as the Tribunal or Court may deem
necessary for the full and proper determination of the
election petition.
FEES
- (1) The fee payable on the presentation of an election
petition shall not be less than N1,000.00.
(2) A hearing fee shall be payable for the hearing at the
rate of N40 per day of the hearing but not exceeding
N2000 in all, but the Tribunal or Court may direct a
different fee to be charged for any day of the hearing.
(3) For the purpose of subparagraph (2) of this
paragraph, the petitioner shall make a deposit of not
less than N2000 at the time of presenting his petition.
(4) Subject to the provisions of this paragraph, the fees
payable in connection with an election petition shall
be at the rate prescribed for civil proceedings in the
Federal High Court.
(5) No fees shall be payable by the Attorney-General of
the Federation (acting in person or through any other
legal officer) or by a respondent who was the
Commission or any of its officers appointed pursuant
to the provisions of this Act.
(6) No fees shall be payable for the summoning of
witnesses by the Tribunal or Court at its own instance.
ALLOCATION OF COSTS
(1) All costs, charges and expenses of and incidental
to the presentation of an election petition and to the
proceedings consequent thereon, with the exception
of such as are otherwise provided for, shall be
defrayed by the parties to the election petition in such
manner and in such proportions as the Tribunal or
Court may determine, regard being had to the-
(a) disallowance of any costs, charges or expenses, which
may in the opinion of the Tribunal or Court have been
caused by vexatious conduct, unfounded allegation or
unfounded objection on the part of the petitioner or of
the respondent, as the case may be; and
(b) discouragement of any needless expenses by
throwing the burden of defraying the expenses on the
party by whom it has been caused; whether that party
is or is not on the whole successful.
(2) Where the Tribunal or Court declares an election to be
void, it may, if satisfied that the invalidity was due
either wholly or in part to the culpable default of an
officer responsible for the conduct of the election in
the performance of his duties, order that the whole or
part of the cost awarded to the successful petitioner
be paid by that officer.
RETURN OF SECURITY
- Money deposited as security shall, when no longer
needed as security for costs, charges or expenses, be
returned to the person in whose name it was
deposited or to the person entitled to receive it by
order of the Tribunal or Court which may be made on
motion after notice and proof that all just claims have
been satisfied or otherwise sufficiently provided for as
the Tribunal or Court may require.
PAYMENT OF COSTS OUT OF SECURITY
- (1) The Tribunal or Court may, on application made
by a person to whom costs, charges or expenses is
payable, order it to be paid out of a deposit made to
secure it, after notice to the party by or on whose
behalf the deposit was made, requiring him to file a
statement within a specified time whether he opposes
the application and the ground of his opposition.
(2) Where a dispute arises on an application under
subparagraph (1) of this paragraph, the tribunal or
court shall afford every person affected by the dispute
an opportunity of being heard and shall make such
order there on as it may deem fit.
(3) A person shall be deemed to have been afforded the
opportunity of being heard if notice of the appointed
time for the inquiry into the dispute was given to him,
though the person may not have been present at the
making of the inquiry.
(4) A notice to be given to a person under this paragraph
may be given by the Secretary handing him the notice
or sending it to him by registered letter in the case of(
a) a party, at the address for service;
(b) an application for payment, at the address given in
his application, so however, that the provisions of this
subparagraph shall not preclude the giving of notice
in any other manner in which notice may be given or
which may be authorized by the tribunal or court.
(5) Execution may be levied under an order for payment
made by the tribunal or court under this paragraph in
the same manner and to the same extent as execution
may be levied under judgment for the payment of
money.
EVIDENCE AT HEARING
- (1) Subject to any statutory provision or any provision
of these paragraphs relating to evidence, any fact
required to be proved at the hearing of a petition shall
be proved by written deposition and oral examination
of witnesses in open court.
(2) Documents which parties consented to at the prehearing
session or other exhibits shall be tendered
from the Bar or by the party where he is not
represented by a legal practitioner.
(3) There shall be no oral examination of a witness during
his evidence inchief except to lead the witness to
adopt his written deposition and tender
in evidence all disputed documents or other exhibits
referred to in the deposition.
(4) Real evidence shall be tendered at the hearing.
(5) The Tribunal or Court may, at or before the hearing
of a petition order or direct that evidence of any
particular fact be given at the hearing in such manner
as may be specified by the order or direction.
(6) The power conferred by subparagraph (5) of this
paragraph extends in particular to ordering or
directing that evidence of any particular fact be given
at the trial-
(a) by statement on oath of information or belief;
(b) by the production of documents or entries in books;
or
(c) in the case of a fact which is of common knowledge
either generally or in a particular district by the
production of a specified newspaper which contains a
statement of that fact.
(7) The Tribunal or Court may, at or before the hearing of
a petition order or direct that the number of witnesses
who may be called at the hearing be limited as
specified by the order or direction.
(8) Save with leave of the Tribunal or Court, after an
applicant has shown exceptional circumstances, no
document, plan, photograph or model shall be
received in evidence at the hearing of a petition unless
it has been listed or filed along with the petition in the
case of the petitioner or filed along with the reply in
the case of the respondent.
(9) Such leave may be granted with costs save where in
the circumstance the tribunal or court considers
otherwise.
CALLING OF WITNESSES
- (1) On the hearing of an election petition, the Tribunal
or Court may summon a person as a witness who
appears to the tribunal or court to have been
concerned in the election.
(2) The Tribunal or Court may examine a witness so
summoned or any other person in the tribunal or
court although the witness or person is not called
and examined by a party to the election petition, and
thereafter he may be cross-examined by or on behalf
of the petitioner and the respondent.
(3) The expenses of a witness called by the tribunal or
court at its own instance shall, unless the Tribunal or
Court otherwise orders, be deemed to be costs of the
election petition and may, if the Tribunal or Court so
directs, be paid in the first instance by the Secretary
in the same way as State witness’ expenses and
recovered in such manner as the tribunal or court
may direct.
(4) Where the Tribunal or Court summons a person as a
witness under this paragraph, the provisions of the
Civil Procedure Rules relating to the expenses of
persons ordered to attend a hearing shall apply as if
they were part of this paragraph.
(5) The Tribunal or Court shall-
(a) in making and carrying into effect an order for the
production and inspection of documents used in the
election; and
(b) in the examination of any witness who produces or
will produce a document, ensure that the way in which
the vote of a particular person has been given shall
not be disclosed.
PRIVILEGES OF A WITNESS
(1) A person called as a witness in a proceeding in the
Tribunal or Court shall not be excused from answering
a question relating to an offence or connected with an
election on the grounds that the answer thereto may
incriminate or tend to incriminate him, or on the
ground of privilege.
(2) A witness who answers truly all questions which he is
required by the tribunal or court to answer shall be
entitled to receive a certificate of indemnity under the
hand of the Chairman or the Tribunal or Presiding
Justice of the court stating that the witness has so
answered.
(3) An answer by a person to a question before the
Tribunal or Court shall not, except in the case of a
criminal proceeding for perjury in respect of the
answer, be admissible in any proceeding, civil or
criminal, in evidence against him.
(4) When a person has received a certificate of indemnity
in relation to an election and legal proceedings are at
any time brought against him for an offence against
the provisions of this Act, committed by him prior to
the date of the certificate at or in relation to that
election, the Tribunal or Court having cognizance of
the case shall, on proof of the certificate, stay the
proceeding, and may, at its discretion award to that
person such costs as he may have been put to in the
proceeding.
EVIDENCE OF RESPONDENT
- At the hearing of an election petition complaining of
an undue return and claiming the seat or office for a
petitioner, the respondent may, subject to the
provisions of subparagraph (2) of paragraph 12 of this
Schedule, give evidence to prove that the election of
the petitioner was undue in the same manner as if he
were the person presenting the election petition
complaining of the election.
ENLARGEMENT AND ABRIDGEMENT OF TIME
- (1) The Tribunal or Court shall have power, subject to
the provisions of section 134 of this Act and paragraph
11 of this Schedule, to enlarge time
for doing any act or taking any proceedings on such
terms (if any) as the justice of the case i:nay require
except otherwise provided by any other provision of
this Schedule.
(2) An enlargement of time may be ordered although the
application for the enlargement is not made until after
the expiration of the time appointed or allowed.
(3) When the time for delivering a pleading or document
or filing any affidavit, answer or document, or doing
anything or act is or has been fixed or limited by any
of the sections, paragraphs or rules under or in
pursuance of this Act or by a direction or an order of
the Tribunal or Court, the costs of an application to
extend the time, where allowed or of an order made
there on shall be borne by the party making the
application unless the tribunal or court otherwise
orders.
(4) Every application for enlargement or abridgement of
time shall be supported by affidavit.
(5) An application for abridgement of time may be ex
parte, but the Tribunal or Court may require notice of
the application to be given to the other parties to the
election petition.
(6) An application for enlargement of time shall be made
by motion after notice to the other party to the
election petition but the Tribunal or Court may, for
good cause shown by affidavit or otherwise, dispense
with the notice.
(7) A copy of an order made for enlargement or
abridgement of time shall be filed or delivered
together with any document filed or delivered by
virtue of the order.
HEARING IN A PETITION
- (1) When a petition comes up for hearing and neither
party appears, the Tribunal or Court shall, unless
there are good reasons to the contrary, strike out the
petition and no application shall be brought or
entertained to re-list it.
(2) When a petition comes up for hearing, if the petitioner
appears and the respondent does not appear the
petitioner may prove his petition so far as
the burden of proof lies upon him and the tribunal or
court shall enter a final judgment in the petition.
(3) When a petition comes up for hearing, if the
respondent appears and the petitioner does not
appear, the respondent shall be entitled to final
judgment dismissing the petition.
(4) Documentary evidence shall be put in and may be
read or taken as read by consent.
(5) A party shall close his case when he has concluded his
evidence and either the petitioner or respondent may
make oral application to have the case closed.
(6) Notwithstanding subparagraph (5) of this paragraph,
the tribunal or court may suo-motu where it considers
that either party fails to conclude its case within a
reasonable time, close that party’s case.
(7) The Secretary shall take charge of every document or
object put in as exhibit during the hearing of a petition
and shall mark or label every exhibit with a letter or
letters indicating the party by whom the exhibit is put
in (or where more convenient the witness by whom
the exhibit is proved) and with a number so that all
the exhibits put in by a party (or proved by a witness)
are numbered in one consecutive series.
(8) The Secretary shall cause a list of all the exhibits in
the petition to be made which when completed shall
form part of the record of the proceedings.
(9) For the purpose of subparagraph (8) of this
paragraph, a bundle of documents may be treated and
counted as one exhibit.
(10) When the party beginning has concluded his evidence,
if the other party does not intend to call evidence, the
party beginning shall within 10 days after close of
evidence file a written address. Upon being served
with the written address, the other party shall within
7 days file his own written address.
(11) Where the other party calls evidence, he shall within
10 days after the close of its evidence file a written
address.
(12) Upon being served with other party’s written address
the party beginning shall within 7 days file his written
address.
(13) The party who files the first address shall have a right
of reply on points of law only and the reply shall be
filed within 5 days after service of the other party’s
address.
MOTIONS AND APPLICATIONS
- (1) No motion shall be moved and all motions shall
come up at the prehearing session except in extreme
circumstances with leave of Tribunal or Court.
(2) Whereby these Rules any application is authorised to
be made to the Tribunal or Court, such application
shall be made by motion which may be supported by
affidavit and shall state under what rule or law the
application is brought and shall be served on the
respondent.
(3) Every such application shall be accompanied by a
written address in support of the reliefs sought.
(4) Where the respondent to the motion intends to
oppose the application, he shall within 7 days of the
service on him of such application file his written
address and may accompany it with a counter
affidavit.
(5) The applicant may, on being served with the written
address of the respondent file and serve an address
in reply on points of law within 3 days of being served
and where a counter-affidavit is served on the
applicant he may file further affidavit with his reply.
SERVICE OF NOTICE
- (1) Where a summons, notice or document, other than
a notice or document mentioned in subparagraph (1)
of paragraph 7 of this Schedule, is required to be
served on a person for a purpose connected with an
election petition, it may be served by delivering it to
the person or by leaving it at his last known place of
abode in the constituency with any person there found
who is a resident of the abode and appears to be 18
years of age or more.
(2) After a party has given an address for service it shall
be sufficient if, in lieu of serving him personally with a
document intended for him, the document is served
on the person-
(a) appearing on the paper last filed on his behalf as his
Solicitor wherever the person may be found or, if the
person is not found at his office, on the clerk there
apparently in charge; or
(b) named as occupier in his address for service wherever
the person may be found or, if the person is not found
at the address, on-
(i) the person there found apparently in charge, if such
address is a place or business, or
(ii) a person, other than a domestic servant, there found
who is a resident of the address and appears to be 18
years of age or more.
(3) A party may change his address for service by giving
notice of his new address for service and its occupier
to the Secretary and to each party to the election
petition, but, until a notice, is received by the
Secretary, his old address for service shall continue to
be his address for service.
(4) Where service by one of the modes specified in this
paragraph has proved impracticable, the Tribunal or
Court may, on being satisfied, on an application
supported by an affidavit showing what has been
done, that all reasonable efforts have been made to
effect service –
(a) order that service be effected in any of the ways
mentioned in the provisions of the Civil Procedure
Rules relating to substituted service which service
shall be sufficient; or
(b) dispense with service or notice as the tribunal or
court deems fit.
TWO OR MORE CANDIDATES AS RESPONDENTS
- Two or more candidates may be made respondents to
the same petition and their case may, for the sake of
convenience be heard at the same time but for all
purposes (including the taking of security) the election
petition shall be deemed to be a separate petition
against each of the respondents.
CONSOLIDATED PETITIONS
- Where two or more petitions are presented in relation
to the same election or return, all the petitions shall
be consolidated, considered and be dealt with as one
petition unless the Tribunal or Court shall otherwise
direct in order to do justice or an objection against
one or more of the petitions has been upheld by the
Tribunal or Court.
ELECTORAL OFFICER, ETC. AS RESPONDENTS
- (1) Where an election petition complains of the
conduct of an Electoral Officer, a Presiding Officer,
Returning Officer or any other official of the
Commission he shall for all purposes be deemed to be
a respondent and joined in the election petition as a
necessary party, but an Electoral Officer, a Presiding
Officer, Returning Officer or any other official of the
Commission shall not be at liberty to decline from
opposing the petition except with the written consent
of the Attorney-General of the Federation.
(2) If consent is withheld by the Attorney-General under
subparagraph (1) of this paragraph the Government
of the Federation shall indemnify the Electoral Officer,
Presiding Officer, Returning Officer or such other
official of the Commission against any costs which
may be awarded against him by the Tribunal or Court
in respect of the election petition.
(3) Where the Commission, an Electoral Officer, a
Presiding Officer, Returning Officer or any other
official of the Commission has been joined as a
respondent in an election petition, a Legal Officer of
the Commission or a Legal Practitioner engaged by the
Commission or the Attorney-General of the State
concerned (acting in person or through any of his
Legal Officers), or the Attorney-General of the
Federation (acting in person or through any
of his Legal Officers) shall represent the Commission
Electoral Officer, Presiding Officer, Returning Officer
or other official of the Commission at the Tribunal or
Court.
(4) A private Legal Practitioner engaged by the
Commission under subparagraph (3) of this paragraph
shall be entitled to be paid his professional fees and a
Legal Officer so engaged shall be paid such
honorarium as may be approved by the Commission.
DUPLICATE OF DOCUMENT
- In the absence of express provision in this Schedule,
a party filing any document or process paper in
connection with any step being taken in the
proceedings of an election petition shall, unless the
Secretary otherwise directs, leave with the Secretary
copies of the document or process paper for service
on each of the parties to the election petition in
addition to three copies which the Secretary may
preserve.
NONCOMPLIANCE WITH RULES, ETC.
- (1) Noncompliance with any of the provisions of this
Schedule, or with a rule of practice for the time being
operative, except otherwise stated or implied, shall
not render any proceeding void, unless the Tribunal or
Court so directs, but the proceeding may be set aside
wholly or in part as irregular, or amended, or
otherwise dealt with in such manner and on such
terms as the Tribunal or Court may deem fit and just.
(2) An application to set aside an election petition or a
proceeding resulting there from for irregularity or for
being a nullity, shall not be allowed unless made
within a reasonable time and when the party making
the application has not taken any fresh step in the
proceedings after knowledge of the defect.
(3) An application to set aside an election petition or a
proceeding pertaining thereto shall show clearly the
legal grounds on which the application is based.
(4) An election petition shall not be defeated by an
objection as to form if it is possible at the time the
objection is raised to remedy the defect either by way
of amendment or as may be directed by the Tribunal
or Court.
(5) An objection challenging the regularity or competence
of an election petition shall be heard and determined
after the close of pleadings.
APPLICATION OF RULES OF COURT
- Subject to the express provisions of this Act, the
practice and procedure of the Tribunal or the Court in
relation to an election petition shall be as nearly as
possible, similar to the practice and procedure of the
Federal High Court in the exercise of its civil
jurisdiction, and the Civil Procedure Rules shall apply
with such modifications as may be necessary to
render them applicable having regard to the
provisions of this Act, as if the petitioner and the
respondent were respectively the plaintiff and the
defendant in an ordinary civil action.
PRACTICE AND PROCEDURE OF COURT OF APPEAL AND SUPREME COURT
- Subject to the provisions of this Act, an appeal to the
Court of Appeal or to the Supreme Court shall be
determined in accordance with the practice and
procedure relating to civil appeals in the Court of
Appeal or of the Supreme Court, as the case may be,
regard being had to the need for urgency on electoral
matters.
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