STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

MANDATORY REQUIREMENTS OF PLEADINGS IN ELECTION PETITION

Reach more audience. Place advert here.

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

Was this dictum helpful?

SHARE ON

pleadings

COURTS MUST BE GUIDED BY PLEADINGS

Both courts must be fully guided by the pleadings, which in this case are the petition and the replies. If a witness gives oral evidence on what is not pleaded in either the petition or the reply, the evidence will be of no probative value based on the principle of law that parties are bound by their pleadings. If evidence is not led on a fact pleaded in either the petition or the reply the fact will be deemed to have been abandoned unless the fact was admitted by the adverse party. This is because pleadings have no mouth to talk and need human being with mouth and sense to articulate them in court. This principle of law will not apply where the particular pleading is admitted.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

Was this dictum helpful?

THE STAGE PLEADINGS ARE SETTLED

The respondent, as plaintiff produced exhibits M, M1 photograph and negative to support averment in her pleadings that she is the daughter of L.O. Ukeje (deceased). The defendant/appellant denied the averment in the plaintiff’s pleadings. At that stage pleadings are settled. At trial, if the defendant seeks to disprove the plaintiffs documentary evidence (i.e. exhibits M, M1) which was used to support her claim to being the daughter of the deceased, the defendant is not bound to plead that the plaintiff’s documentary evidence is false, fraudulent or forged. The defendant is to cross-examine him and lead evidence to show beyond reasonable doubt that exhibit M, M1 are forgeries. This the defendants appellants were unable to do.

– Rhodes-Vivour, JSC. Ukeje v. Ukeje (2014)

Was this dictum helpful?

LITIGATION IS FOUGHT ON PLEADINGS

It is trite that litigation, particularly election dispute litigation, is fought on pleadings. Parties swim or sink with their pleadings. In the case of ANYAFULU & ORS V. MEKA & ORS (2014) LPELR 22336 (SC), the Supreme Court Per Kekere Ekun, JSC held that: “Litigation is fought on pleadings. They are the pillars upon which a party’s case is founded. Not only do they give the other side notice of the case they are to meet at the trial, they also define the parameters of the case. In other words, parties are bound by their pleadings. Any evidence led on facts not pleaded goes to no issue while any pleadings in respect of which no evidence is led are deemed abandoned. In effect, where the pleadings are deficient no matter how cogent the evidence led, the case would fail. See: Nwokorobia Vs Nwogu (2009) 10 NWLR (1150) 553; Shell B. P. Vs. Abedi (1974) 1 SC 23; Ebosie Vs. Phil Ebosie (1976) 7 SC 119; George Vs Dominion Flour Mill Ltd. (1963) 1 ALL NLR 71.” See also IFEANYICHUKWU OSONDU CO. LTD & ANOR V. AKHIGBE (1999) LPELR (SC). Those pleadings in Paragraphs 41-42 of the Petition having been abandoned are discountenanced.

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

Was this dictum helpful?

PLEADINGS SHOULD NOT CONTAIN LAW OR MIXED LAW & FACT

It is well settled that every pleading must state facts and not law. A party is not expected to plead conclusions of law or mixed fact and law. However, conclusions of law can be drawn from material facts pleaded. It is also unnecessary to set out in a pleading content of a public statute.

– Karibe-Whyte, JSC. Finnih v. Imade (1992)

Was this dictum helpful?

THE EFFECT OF A PARTY’S PLEADING

It is very important to note that it is settled law that in an action based on pleadings issues are joined by the parties in their pleadings. It is also settled law that evidence on facts not pleaded ground to no issue. The existence or non-existence of fact is said to be in issue if the existence or non-existence of that fact is asserted by a party in his pleading and denied by the other party specifically, positively, and unequivocally.

– Onnoghen JSC. Dalek v. OMPADEC (2007)

Was this dictum helpful?

COURTS ARE BOUND TO DECIDE CASES ON THE PLEADINGS

The foregoing is the gist of the simple case presented before the trial judge. But it was made very complicated by the introduction of legal technicalities at the hearing of the appeal in this Court. The matter was further compounded by the conduct of the parties in that neither, as was disclosed by the issues canvassed before us, had any respect for the truth. However, courts are bound to decide cases on the pleadings of the parties and admissible evidence.

— M. Bello, JSC. Salawu Ajide V. Kadiri Kelani (SC.76/1984, 29 Nov 1985)

Was this dictum helpful?

No more related dictum to show.