Paragraph 17
Further particulars or directive(1) If a party in an election petition wishes to have further particulars or other directions of the Tribunal or Court, he may, at any time after entry of appearance, but not later than 10 days after the filing of the reply, apply to the Tribunal or Court specifying in his notice of motion the direction for which he prays and the motion shall, unless the Tribunal or Court otherwise orders, be set down for hearing on the first available day.
(2) If a party does not apply as provided in subparagraph (1), he shall be taken to require no further particulars or other directions and the party shall be barred from so applying after the period laid down in subparagraph (1) has lapsed.
(3) Supply of further particulars under this paragraph shall not entitle the party to go beyond the ambit of supplying such further particulars as have been demanded by the other party, and embark on undue amendment of, or additions to, his petition or reply, contrary to paragraph 14.
This paragraph seeks to provide an opportunity for either of the Parties to an election Petition to not later than 10 days after the filing of Reply, apply and obtain the order of the Tribunal or Court to file further Particulars or seek other direction.
Note however that a Petitioner who has failed to state material particulars in his petition cannot invoke this provision relating to further particulars as a sword against a Respondent in order to cure the incompetence of such averments. Similarly, where averments in a petition are grossly imprecise and generic, such averments will be incompetent and liable to be struck out. See Peter Obi & Anor V. INEC & 3 Ors. (CA/PEPC/03/2023) (Unreported)
OMBUGADU V. SULE (2021) 2 WLR (Pt. 1759) 171 at 183E- F(SC)
The Supreme Court held that a Respondent who complains of vagueness of averments in an
election petition should avail himself of the provision of paragraph 17(1)
of the 1st Schedule to the Electoral Act to seek for further particulars or
the direction of the Tribunal or Court.
Peter Obi & Anor V. INEC & 3 Ors.(CA/PEPC/03/2023) (Unreported) at page 19 - 20
The provision for further
particulars as stated in paragraph 17(1) of the 1st Schedule to the
Electoral Act, 2022 will only come into play where the petition itself
contains material or necessary particulars. “Paragraph
17(1) of the 1st Schedule to the Electoral Act, 2022 does not bar a
Respondent from applying under Paragraph 4(7) of the 1st Schedule to strike out averments in a petition which are grossly inadequate,
insufficient and devoid of material or necessary particulars. This Is
because the operational words in paragraph 17(1) is "further
particulars”, and this means there must be some material particulars already pleaded in the Petition before further particulars can be sought by the Respondent.”
PDP V. INEC & 3 ORS (2012) 7 NWLR (Pt. 1300) 538 at 560
"An application for an order for further particulars is merely a
shield in the hand of a party who so desires and not a sword to be
used by a party whose pleading is grossly inadequate, insufficient
and devoid of necessary particulars as the appellant's petition was
in the instant case."
