There is no gainsaying the settled principle of law to the effect that the Court is bound to determine the case before it, as made out by the pleadings of the parties, particularly the Claimant’s or Plaintiff’s cause of action.
– Tukur JCA. Odulate v. FBN (2019)
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The law is that each party must traverse specifically each allegation of fact which he does not intend to admit. The party pleading must make it clear how much of his opponent’s case he disputes. The law is notorious that a traverse must not be evasive, but must answer the point of substance. The basic rule of pleading is that a traverse whether by denial or refusal to admit, must not be evasive but must answer the point of substance. The pleader must deal specifically with every allegation of fact made by his opponent: he must either admit it frankly or deny it boldly. Any half-admission or half-denial is evasive.”
— O. Oyebiola, J. Yakubu v. FRCN (2016) – NIC/LA/673/2013
The object of pleadings is to state succinctly and accurately the issues for trial and to appraise the other side of the issues which it would meet in court. A defendant cannot rely on a defence which is based upon facts not stated in the statement of claim or defence, unless he pleads such facts specifically e.g. fraud. So, where a party intends to rely on a special defence, such as resulting trust, it is sufficient if he pleads enough facts as pointing to such special defence. Such defence can be inferred from the facts raised in the pleading.
– Musdapher, JSC. Atta v. Ezeanah (2000)
✓ In BELGORE v AHMED (2013) 8 NWLR (Pt. 1355) 60 at 95 – 96, the complaint against the averments in the petition was that they were unspecific, generic, speculative, vague, unreferable, omnibus and general in terms. In that case the Apex Court specifically held as follows: “Pleadings in an action are the written statements of the parties wherein they set forth the summary of the material facts on which each relied in proof of his claim or his defence as the case may be and by means of which the real matters was (sic) controversy between the parties and to be adjudicated upon are clearly identified. Although only material facts are required to be pleaded and in a summary form, they must nevertheless be sufficiently specific and comprehensive to elicit the necessary answers from the opponent. See Ashiru Noibi v. Fikolati & Ors (1987) 3 SC 105 at 119, (1987) 1 NWLR (Pt. 52) 629 and Omorhirihi v. Enetevwere (1988) 1 NWLR (Pt. 73) 746. They must contain such details as to eliminate any element of surprise to the opposing party. In this case where the dispute involves the election in as many as 895 polling units, the pleading in the petition which alleged electoral malpractices, non-compliance and/or offences in “some polling units”, “many polling units”, “most polling units” or “several polling units” cannot be said to have met the requirements of pleadings as stipulated in paragraph 4(1)(d) of the 1st Schedule to the Electoral Act and/or Order 13 Rules 4(1), 5 and 6(1) of the Federal High Court (Civil Procedure) Rules, 2009.”
✓ Also, in PDP v INEC & 3 ORS (2012) 7 NWLR (Pt. 1300) 538, the Apex Court, was also categorical when it held thus: “On whether the affected paragraphs were rightly struck out, I have read the affected paragraphs and found that they relate to allegations of non-voting in several polling points, disruption of election, non-conclusion of election, thumb-printing of ballot papers, falsification of election results, wide spread disruption, irregularities and malpractices without providing particulars or the polling units where the alleged malpractices took place. The lower court was therefore right when it held as follows: “The paragraphs above in my view are too generic, vague and lacking in any particulars as they are not tied specifically to any particular polling unit or any particular number of people who were alleged to be disenfranchised. The fact that a party can file further particulars or deny in a reply the averment in the pleading must not be general, it must be specific as to facts. It is settled law that a petitioner’s obligation to plead particulars of fraud or falsification without which the allegation is a non-starter.” I have nothing to add to this statement of law as advanced above, and I adopt it as mine.”
As the parties are adversaries, each one is bound by his case as framed in his pleadings. That being so, the Defendant/Appellant will not be allowed to set up (at the hearing as he did) an entirely different case without any prior amendment to his pleadings: African Continental Seaways Ltd. v. Nigerian Dredging Roads General Works Ltd. (1977) 5 S.C. 235 at p.249.
— Oputa, JSC. Salawu Ajide V. Kadiri Kelani (SC.76/1984, 29 Nov 1985)
In the case of Osondu Co Ltd. and Anor v. Akhigbe (1999) LPELR – 1433 (SC), the Supreme Court per Uwaifo, JSC, held as follows: “It must be realized that pleadings is a statement of candour as to what a party to a case relies on to prove or defend a cause. It ought to be made as clear as it possibly can, not evasive or misleading or ambiguous. Each party must endeavor to place and must be presumed to have placed, all necessary pleadable acts on record the best way it can in order to achieve the best of its case. It must put the other party and the Court on a firm understanding of what the issues joined or denied, or issues admitted or not admitted. Pleadings are the guiding light by which all concerned trace the path to the justice of a case. That path should not be hampered by and littered with stumbling blocks of uncertainties, misrepresentations and ambushes embedded in the averments. That will be an effort to spring surprises and will not be proper pleadings. As was said by Phillimore J., in The Why Not (1888) LR 2A and E. 265 and quoted with approval in Enwezor v. Central Bank of Nigeria (1976) 3 SC 45 at 56 Per Madarikan, JSC, pleadings “…are not to be considered as constituting a game of skill between the advocates. They ought to be so framed as not only to assist the party in the statement of his case but the Court in its investigation of the truth between the litigants.”
The requirements of pleadings in election petitions are primarily provided in Paragraph 4 of the 1st Schedule to the Electoral Act, 2022. Specifically, Paragraph 4(1)(d) mandates that “an election petition shall state clearly the facts of the election petition and the ground or grounds on which the petition is based and the reliefs sought by the Petitioner.” Subparagraph (2) of the same paragraph further provides that “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.” In addition to the provision of Paragraph 4 of the 1st Schedule to the Electoral Act, Paragraph 54 of the same Schedule to the Act has made applicable to Election Petitions the Rules of Civil Procedure in the Federal High Court of 2019, subject to such modifications as would bring same in conformity with the provisions of the Act. By Order 13 Rule 4 of the Federal High Court (Civil Procedure) Rules, 2019, every party to an election petition shall ensure that averments in their pleadings “contain in a summary form the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary, be divided into paragraphs, and numbered consecutively.” By subparagraph (4) of that Rule, such facts contained in the pleading must “be alleged positively, precisely and distinctly, and as briefly as is consistent with a clear statement.” The aforementioned provisions contained in the 1st Schedule to the Electoral Act, 2022, as well as the Federal High Court Rules, 2019 state the mandatory requirements of pleadings in election petitions.
— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023
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