Paragraph 9
Entry of appearance(1) Where the respondent intends to oppose the election petition, he shall—
(a) within such time after being served or deemed to have been served with the election petition; or
(b) where the Secretary has stated a time under paragraph 7 (2), within such time as is stated by the Secretary, enter an appearance by filing in the registry a memorandum of appearance stating that he intends to oppose the election petition and giving the name and address of the solicitor, if any, representing him or stating that he acts for himself, as the case may be, and, in either case, giving an address for service at which documents intended for him may be left or served.
(2) If an address for service and its occupiers are not stated, the memorandum of appearance shall be deemed not to have been filed, unless the Tribunal or Court otherwise orders.
(3) The memorandum of appearance shall be signed by the respondent or his solicitor, if any.
(4) At the time of filing the memorandum of appearance, the respondent or his solicitor, as the case may be, shall—
(a) leave a copy of the memorandum of appearance for each of the other parties to the election petition and three other copies of the memorandum to be preserved by the Secretary; and
(b) pay the fees for service as may be prescribed or directed by the Secretary and in default of the copies being left and the fees being paid at the time of filing the memorandum of appearance, the memorandum of appearance shall be deemed not to have been filed, unless the Tribunal or Court otherwise orders.
(5) A respondent who has a preliminary objection against the hearing of the election petition on grounds of law may file a conditional memorandum of appearance.
i. These paragraphs seek to specify a means through which a Respondent that has been served with a Petition can indicate his interest to either defend the Petition or concede same.
ii. The paragraphs provide for a Respondent that has been served with a Petition to file a Memorandum of Appearance within not less than 5 days but not more than 7 days stating that he intends to defend the Petition personally or through his Solicitor. But note that if a Respondent does not file his Memorandum of Appearance within this time, he can still defend the Petition by filing his reply to the Petition within 21 days.
iii.
Sub-paragraph (5) says that a Respondent who intends to object to the hearing of the
election petition on grounds of law may file a Conditional Memorandum of Appearance. For
example, a Respondent who objects to the jurisdiction of Court can file a Conditional
Memorandum
of Appearance to give the Petitioner Notice that he shall raise an objection to the
jurisdiction
of the Tribunal or Court.
Read Augustine & Anor v. PDP & Ors (2021)
LPELR-54280(CA)
iv. Note: The provision in paragraph (9)(5) is a new provision in the 2022 Act. It was initially contained in the original enactment of the 2010 Act but was subsequently deleted via an amendment in the same year. It has now been brought back.
