Paragraph 2
Security for costs(1) At the time of presenting an election petition, the petitioner shall give security for all costs which may become payable by him to a witness summoned on his behalf or to a respondent.
(2) The security shall be of such amount not less than N5,000 as the Tribunal or Court may order and shall be given by depositing the amount with the Tribunal or Court.
(3) Where two or three persons join in an election petition, a deposit as may be ordered under subparagraph (2) shall be sufficient.
(4) If no security is given as required by this paragraph, there shall be no further proceedings on the election petition.
i. This paragraph seeks to ensure that an Election Tribunal or Court does not encounter difficulties in enforcing an order of award of cost on any of the parties during the hearing of election Petitions.
ii.
The paragraph makes it mandatory for any person presenting or filing an Election Petition to
give security for all cost of not less than N5,000.00 which may become payable by him to a
Witness summoned by him or to a Respondent who may be awarded a cost in the course of the
proceedings of the Tribunal.
Read Gangar & Anor V. Bako & Ors (2019) LPELR-49800(CA).
iii. Failure to give security for costs can delay further proceedings in the election petition but will not render it void.
On requirement for payment of security for costs:
GBADEBO RHODES-VIVOUR & INEC v. BABAJIDE OLUSOLA SANWO-OLU, DR. KADIRI OBAFEMI HAMZAT, ALL PROGRESSIVES CONGRESS (PETITION NO; EPT/LAG/GOV/04/2023) 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). The 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.”
