Paragraph 19
Hearing of petition to be in open tribunal or courtEvery election petition shall be heard and determined in an open tribunal or court.
This seeks to promote the principle of fair hearing especially the aspect that provides that justice must not only be done but seen to have been done. See Section 36 (1) and (3) of the Constitution of the Federal Republic of Nigeria (as amended) and Popoola v. Nig. Army (2022)6 NWLR (Pt1825)1.
On the need for all stages of hearing in a petition to be conducted in open court.
UDENDE MENSA EMMANUEL v. GABRIEL TORWUA SUSWAM & 2 ORS. (CA/MK/EP/BN/SEN/14/2023) (unreported) Per Aja Otisi, JCA @ Pg. 54
In emphasising the need for all stages of hearing in a petition to be conducted in open court, the Court held that;
“The point has been made that a court cannot adopt the opinion of a person concerning documentary evidence before it without itself considering that
evidence and drawing its own inferences. But the query is this: was it now for the Tribunal to scrutinize and investigate more than 2,900 exhibits,
including the voter’s registers in the recess of its chambers, and without any witness tying the documents to particular complaints? We do not think so!
That would simply be in line with what has been described severally as cloistered justice.”
