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NEW FACTS SHOULD NOT BE INTRODUCED IN THE COURSE OF REPLY BY THE PETITIONER

Dictum

By the provision of paragraph 16(1) (a) above reproduced, a petitioner is permitted to file a reply if the Respondent to the petition in his reply raises new issues of fact in defence of his case which the petition has not dealt with, but in doing so, the Petitioners’ reply shall not bring in new facts, grounds or prayer which tend to amend or add to the contents of the petition. See MADUABUM V NWOSU (SUPRA).

— K.M. Akano, J. Edeoga v Mbah (2023) – EPT/EN/GOV/01/2023

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WHAT IS A NEW ISSUE INTRODUCED IN STATEMENT OF DEFENCE

Indeed, in succinctly explaining the new issue which should attract a reply, the Supreme Court had held in EGESIMBA v ONUZURIKI (2002) 15 NWLR (Pt. 791) 466 at 518, thus: “A new issue to attract a reply must in law be really new in the sense of being brand and fresh. The issue must be...

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