Section 140
Rules of procedure for election petition(1) The rules of procedure to be adopted for election petitions and appeals arising therefrom shall be as set out in the First Schedule to this Act.
(2) The President of the Court of Appeal may issue practice directions to the—
(a) Court of Appeal, in respect of pre-election and post-election appeals; and
(b) Election Tribunal, in respect of post-election matters.
First ScheduleThis Section seeks to ensure orderliness in the conduct of election petition proceedings.
The Section prescribes the adoption of the Rules of Practice and Procedure as set out in the 1st Schedule to the 2022 Electoral Act as the Rules of Practice and Procedure in Election Petition.
Unlike the 2010 Electoral Act (S. 145) which empowered the President of the Court of Appeal to issue Practice Directions to Election Tribunals simpliciter, the 2022 Electoral Act (S. 140) empowers the President of the Court of Appeal to issue Practice Directions to the Court of Appeal in respect of Pre-Election and Post-Election Appeals and to the Election Tribunals in respect of Post-Election matters.
Need to comply with Election Petitions Practice Directions issued by the President of the Court of Appeal
OSIKUMINU AKINWANDE AYOKUNLE v. HON. SANNI GANIYU BABATUNDE (CA/L/EP/SHA/LAG/24/2023)(Unreported) Per Theresa Ngolika Orji–Abadua, JCA.
In invalidating the Appellant’s Brief of Argument which was filed in contravention of paragraph 14 (a) of the Election Judicial Proceedings Practice Directions,
2023 which requires both Appellant and Respondent’s briefs to be limited to 25 pages and their respective reply brief to be limited to 5 pages.
The Court of Appeal held as follows;
“Honestly, I find it heart rending that a simple and distinctive instruction given in paragraph 14(a) could not be adhered to by Counsel having known the
implications of contravening the same, that it will render invalid such brief. The contravention of such provision is a clear case of one shooting himself in the head because
the moment a process contravenes the Practice Directions, it breathes no life, it ab initio becomes inoperative , null and void, not legally acceptable, not valid;
without force or foundation; indefensible, deficient in substance or cogency; void or without legal force.”
CPC V. INEC (2011) 18 NWLR (Pt. 1279) 493
Practice Directions, issued by the appropriate authority, has binding force on all parties to election petitions and appeals arising from such petitions and must be strictly complied with.
LOKPOBIRI V APC (2021) 3 NWLR (Pt. 1764) 538.
Election and pre-election matters are sui generis, different and unique. It is a special proceeding different from ordinary civil proceedings, it is a proceeding that is of its own kind. It is very sensitive and time is of the essence.
See also: APM V. INEC & ORS (2021) LPELR-54296(CA)
