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MAIN PURPOSE OF PLEADINGS – REASON FOR NON-QUALIFICATION SHOULD BE STATED AND PARTICULARISED

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The main purpose of pleadings as further fortified by Paragraph 4(1)(b) of the First Schedule of the Electoral Act 2022, I repeat, is to properly and clearly inform the adverse party of the case he is coming to meet, so that he can respond appropriately to it. That is fair hearing. That requirement of the law does not permit parties to keep their cards face-down as petitioners did in paragraph 146 of their petition when they simply averred, generally, that 2nd Respondent was not qualified to contest the 25th February 2023 Presidential election, without revealing in what form he was not qualified or disqualified for the election. That Paragraph of the petition falls fall far short of the requirements of Paragraph 4(1)(b) of the First Schedule of the Electoral Act 2022 and so liable to be struck out and must be struck out.

— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)

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disqualification

DISQUALIFICATION OF A GOVERNOR FOR CHANGING PARTY

Now, for the purpose of disqualifications of a candidate to the office of Governor, the provisions of section 166(1)(a) of the Constitution incorporates the provisions of section 64(1)(g) in the former subsection. The combined effect of the two subsections is that an incumbent Governor whose election to the office of Governor was sponsored by a political party is disqualified for re-election to the office of Governor if he changes his political party which sponsored him and seeks re-election on the sponsorship of his new party unless the circumstances for the change of the political party are covered by the proviso to section 64(1)(g).

– Bello, J.S.C. FEDECO v. Goni (1983) – SC