Reviewing Section 18 Of The Electoral Act

The 2011 general elections in Nigeria  were conducted pursuant to the 1999 constitution of the Federal Republic of  Nigeria as amended, the Electoral Act 2010 as amended and the Independent National Electoral Commission manual.

After the elections, aggrieved persons / parties filed their petitions before the Presidential Election Tribunal, the Governorship and the National / state House of  Assembly Elections Tribunal respectively.

The complainant / petitioner is entitled to file his or her petition before the appropriate election tribunal and the respondents are to file their replies to the petition. The petitioner thereafter has the right of replies filed by the respondents.

The Constitution and the Act make provisions that for he determination of election petitions, recourse shall be made to the schedules contained in the Act. The Practice Directions (as issued by the president of the Court of Appeal and the rules of the Federal  High Court.

After pleadings have been exchanged and concluded between the parties to the petition paragraph 18 (1) of the first schedule to the Electoral Act 2010 (as amended). (“The paragraph”) provides that 18 (1) – within 7 days after the filing and service of the respondents reply, whichever is the case, the petitioner shall apply for the assurance of pre-hearing notice in Form TF007.

(2) Upon application by a petitioner’s under sub-paragraph (1) of  this paragraph the tribunal or court shall issue to the parties or their legal practitioners  (if any) a pre-hearing conference notice in Form TF007 accompanied by a pre-hearing information sheet as in form TF008 for: (a) the disposal of all matters which can be dealt with an interlocutory application.

(b) Giving such direction the future course of the petition as appears best adapted to secure its just expeditions and economic disposal in view of the urgency of election  petitions; © Giving directions and order of witnesses to be called and such documents to be tendered by each party to prove their cares for expeditious disposal of the petition; and (d) Fixing clear dates for the hearing of the petition.

(3) The respondents may bring the application in accordance with sub-paragraph (1) where the petitioner fails to do so, or by motion which shall be served on the petitioner returnable in three clear days, apply an order to dismiss.

(4) Where the petitioner and respondent fail to bring an application under this paragraph the tribunal or court shall dismiss the petition as abandoned petition and no application for extension of time to take step shall be filed or entertained.

The question then arose – what is the mode of application envisaged under Paragraph 18 (1) of the first schedule of the Electoral Act?

In previous elections (especially after the 2003. I-2007 General elections), the issue of the true meaning, nature and type application envisaged under similar provisions and related issues-arguments were considered in cases of Safara O. Hassan & Ors V. INEC & 14 ORS (2008) 41RECN, 458, Prince P. Aguda & Hon Olakanwogu & Ors (2004) 16 NWLR Pt 898, Pg 56 at Pg 73-77, Ibrahim & Ors Vs. Sheriff & Ors VOLI Election Petition Reports (Edited by Funmi Quadri (Pg 215 at P 238 to 239, Mohammed Dikko Yusuf V. Chief Olusegun Obasanjo (2003) among a plethora of cases concerning and or related to the advancement of the argument, one way or the order, with regard to import, purpose, interpretation and true meaning of the provision.

However, since the petitions that arose from the conduct of 2011 General elections were filed and pleadings exchanged ; concluded, several petitioners  have in compliance or  in an attempt to comply, filed the application, under the paragraph by way of a letter of application exparte motion, motion on notice or even by oral application in open court.     Paragraph 18 (1) of the first schedule to the Electoral Act basically provides that within 7 days … the petitioner shall apply for the issuance of pre-hearing notice…

To be continued

Odugbesan wrote from Lagos

Ayo Odugbesan