Paragraph 3
Presentation of Election Petition(1) The presentation of an election petition under this Act shall be made by the petitioner (or petitioners if more than one) in person, or by his solicitor, if any, named at the foot of the election petition to the Secretary, and the Secretary shall give a receipt.
(2) The Petitioner shall, at the time of presenting the election petition, deliver to the Secretary a copy of the election petition for each respondent and ten other copies to be preserved by the Secretary.
(3) The Secretary shall compare the copies of the election petition received in accordance with subparagraph (2) with the original petition and shall certify them as true copies of the election petition on being satisfied by the comparison that they are true copies of the election petition.
(4) The petitioner or his solicitor, as the case may be, shall, at the time of presenting the election petition, pay the fees for the service and the publication of the petition, and for certifying the copies and, in default of the payment, the election petition shall be deemed not to have been received; unless the Tribunal or Court otherwise orders.
i. This paragraph provides for the presentation or filing of an election Petition before an Election Petition Tribunal or Court.
ii. The paragraph spells out the manner of presentation of the petition by the Petitioner while presenting of filing an Election petition and the duties of the Registry of the Tribunal headed by the Secretary.
iii.
The Petitioner(s) personally or through Counsel is expected to present copies of the
Petition
that is sufficient enough to serve all the Respondents and ten other Copies to be preserved
by
the Secretary of the Tribunal or Court and pay the requisite fees for publication and
service of
the Petition. The Secretary is expected to certify copies of the Petition as copies of the
Original.
Read Gangar & Anor V. Bako & Ors (2019) LPELR-49800(CA)
iv.
The paragraph provides that the effect of non-payment of filing fees is that the petition
would
be deemed not to have been received. Payment of this fee is a condition precedent for
presenting
a petition and non-payment renders it incompetent.
Read Emeka v. Mordi (2004) 16 NWLR (pt. 900) 433 at 450
