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MANDATORY REQUIREMENTS OF PLEADINGS IN ELECTION PETITION

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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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FACTS / AVERMENTS PLEADED BUT NOT CONTROVERTED ARE DEEMED ADMITTED

It is a general principle of law that facts pleaded, or averments deposed to in an affidavit, if not specifically challenged or controverted, are deemed admitted and require no further proof, except where the facts are obviously false to the knowledge of the court. There is a plethora of authorities on this, such as, The Honda Place Ltd. Vs Globe Motor Holdings Nig. Ltd. (supra), Ajomale Vs Yaduat (No.2) (supra); Ogunleye Vs Oni (1990) 4 SC 130; CBN Vs Interstella Communications Ltd. (2017) LPELR 43940 (SC) @ 620; Nishizawa Ltd Vs Jthwani (1984) 12 SC 234.

– O.K. Kekere-Ekun, JSC. Lagos State Govt. v. Abdul Kareem (2022) – SC.910/2016

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PLEADINGS TELL WHAT A PARTY IS SEEKING

There is also no doubt that in order to determine what the cause or reason for which the party seeking relief has come to the Court, regard must be had to that party’s pleadings, particularly the statement of claim. It is from there that the Court will be properly guided as to what set of facts the party is presenting as grounding his claim, the applicable principles of law and the legal remedy the party is seeking.

– Tukur JCA. Odulate v. FBN (2019)

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FOUR REASONS WHY AMENDMENT OF PLEADINGS MAY ARISE

Amendments arise because of a number of reasons. I can identify four main reasons here. First, at the time of filing the pleadings, the factual situation sought to be amended was not available or if available was not within the reasonable anticipation of the party and his counsel, employing all diligence and intellectual resources at their command. Second, although the factual situation sought to be amended existed at the time the pleadings were filed, human idiosyncrasies, human lapses and human frailties resulted in its non-inclusion. This could either be the fault of the party or counsel or both. . Third, when there is a Reply to either the Statement of Claim or the Statement of Defence. Four, when the court suo motu raises a factual situation. Since this last reason is not consistent with our adversary system, a trial Judge should only resort to it when it is absolutely necessary so to do and in the overall interest of the parties. He cannot do so willy nilly and by his whims.

— Tobi, JCA. Abraham v Olorunfunmi (1990) – CA/L/83/89

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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)

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STATUTES ARE NOT TO BE PLEADED IN PLEADINGS

The position of the Appellant’s learned Counsel that the Appellant did not need to plead the provisions of p.4 of the Chinese Regulation concerning the transport of hazardous goods stems from the stated position that pleadings need no longer be technical and that it is no longer necessary to plead statutes and sections of statutes but that it is sufficient if the material facts only are pleaded.

– O. Daniel-Kalio, JCA. Egypt v. Abdoulaye (2017) – CA/K/540/2014

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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

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