Paragraph 49
Two or more candidates as respondentsTwo or more candidates may be made respondents to the same petition and their case may, for the sake of convenience be heard at the same time but for all purposes (including the taking of security) the election petition shall be deemed to be a separate petition against each of the respondents.
This paragraph seeks to avoid filing of multiplicity of cases or Petitions arising from one election. Thus, instead of filing two or more separate Petitions the provision allows a Petitioner to join two or more candidates that contested the election in question as Respondents in one Petition and the cases may be heard at the same time even though the Petition shall be deemed to be separate petitions against each of the Respondents.
On payment of separate security for cost by all Respondents
GBADEBO PATRICK RHODES-VIVOUR v. INEC, BABAJIDE OLUSOLA SANWO-OLU, DR. KADIRI OBAFEMI HAMZAT, APC (Petition No. EPT/LAG/GOV/04/2023) (Unreported) Per Hon. Justice Ashom @ Pg 27
Where the Petitioner sought to argue that security for costs should be paid separately by the Respondents (the Governor and his Deputy). Court disagreed saying that they were on a joint ticket
The grouse of the Applicants was that the Petitioner/Respondent did not at the time of filing this petition pay the security for costs separately
in respect of the 2nd and 3rd Respondents whom he made respondents to the Petition as prescribed by paragraph 49 of the 1st Schedule of the Electoral Act.
That they should have paid double.
The Court held as follows:
“...the 3rd Respondent (Hamzat) cannot be regarded as a separate and distinct candidate for the purpose of being a Respondent to the instant Petition as to attract the application of paragraph 49 of the 1st Schedule to the Electoral Act, 2022. We hold that the amount of N1,000,000.00 security for costs deposited by the Petitioner in this petition has satisfied the requirements of paragraph 2 (1) of the 1st Schedule of the Electoral Act, 2022.”
