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THE IMPRECISENESS IN PLEADING NON-QUALIFICATION WITHOUT SUFFICIENT PARTICULARS

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Dictum

It must be noted, too, that under Section 131 of the 1999 Constitution of this country, there are as many as four different qualifications a person must possess before he can contest presidential election and another 10 different grounds that can disqualify such a candidate who has all the four qualifications of section 131. Therefore, an assertion that merely says that a person is not qualified to contest election by reason of non qualification, will leave not just the person so assailed but every other person involved, including the court, at a loss as to what the pleader has in mind. In fact, to allow such pleading will amount to upsetting the very essence of filing pleadings in a case, which is to give the adversary and the court a clear notice of the pleader’s case a point further fortified in Paragraph 16(1)(a) of the First Schedule to the Electoral Act 2022.

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

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THE FUNCTION OF PLEADING IS TO DEFINE & DELIMIT REAL MATTERS IN CONTROVERSY

Atolagbe v. Shorun (1985) 1 NWLR (Pt. 2) 360 at 365 where Coker, J.S.C. in dealing with the main function of pleadings in the trial of an action had this to say: – “The primary function of pleadings is to define and delimit with clarity and precision the real matters in controversy between the parties upon which they can prepare and present their respective cases and upon which the court will be called to adjudicate between them. It is designed to bring the parties to an issue on which alone the court will adjudicate between them party is bound by his pleading and cannot go outside it to lead evidence or rely on facts which are extraneous to those pleaded.”

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PLEADING IS THE LIFE WIRE OF PROCEEDING IN ADVERSARIAL SYSTEM

Pleading is the life wire of the proceeding in our adversorial system of civil jurisprudence – the main function of which is to focus with much certainty as far as possible the various matters actually in dispute amongst the parties and those in which there is agreement between the parties by avoiding element of surprise being sprung on the opposite party. George v. U.B.A. Ltd. (1972) 8-9 SC 264; Oduka v. Kasumu (1968) NMLR 28; George v. Dominion Flour Mills Ltd. (1963) 1 SCNLR 117.

— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000

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PARAGRAPHS OF PLEADINGS NOT SUPPORTED BY EVIDENCE WILL BE ABANDONED

It is settled law that a party will only be permitted to call evidence to support his pleadings and evidence which is contrary to his pleadings must be ignored or expunged when considering the case (see for example The National Investment & Properties Co. Ltd. v. The Thompson Organisation Ltd & Ors. (1969) NMLR 99. Where also a party’s pleadings is not supported by evidence, those paragraphs of the pleadings will certainly be deemed to have been abandoned (see Alhaji Bala & Ors v. Mrs. Bankole (1986) 3 NWLR (Pt.27) 141).

– Kutigi JSC. Magnusson v. Koiki (1993) – SC.119/1991

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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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FACT ADMITTED WHERE NO DENIAL

It is still the law that where a defendant fails to deny specifically an allegation of fact in the Statement of Claim and a denial cannot be reasonably inferred from the defendant’s pleadings that fact will be taken as admitted and therefore regarded as established at the hearing without further proof.

– Onnoghen JCA. Union Bank v. Akinrinmade (1999)

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MATERIAL FACTS ARE WHAT ARE PLEADED NOT EVIDENCE

It is a trite and a resonated principle of our legal jurisprudence, that you plead material facts and not the evidence to be relied upon and the evidence to be relied upon can be tendered in support of those facts.

— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

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