Paragraph 10
Non-filing of Memorandum of Appearance(1) If the respondent does not file a memorandum of appearance as required under paragraph 9, a document intended for service on him may be posted on the tribunal notice board and that shall be sufficient notice of service of the document on the respondent.
(2) The non-filing of a memorandum of appearance shall, not bar the respondent from defending the election petition if the respondent files his reply to the election petition in the registry within a reasonable time, but, in any case, not later than 21 days from the receipt of the election petition.
i. The paragraph provides for service of document on a respondent who files to file a memorandum of appearance on the notice board of the Tribunal.
ii.
A respondent who fails to file a memorandum of appearance within the time indicated in
paragraph 9 can still defend the petition if he files a reply within 21 days of the receipt
of
the election petition. Failure to file the memorandum of appearance will not prevent a
respondent from defending the petition.
Read Ikoro v. Izunaso (2009)4 NWLR (pt. 1130) 45.
