Paragraph 14
Amendment of Election petition and reply(1) Subject to subparagraph (2), the provisions of the Civil Procedure Rules relating to amendment of pleadings shall apply in relation to an election petition or a reply to the election petition as if for the words “any proceedings” in those provisions, there were substituted the words, “the election petition or reply”.
(2) After the expiration of the time limited by—
(a) Section 132 (7) of this Act for presenting the election petition, no amendment shall be made—
(i) introducing any of the requirements of paragraph 4 (1) not contained in the original election petition filed, or
(ii) effecting a substantial alteration of the ground for, or the prayer in, the election petition, or
(iii) except anything which may be done under subparagraph (2) (a) (ii), effecting a substantial alteration of or addition to, the statement of facts relied on to support the ground for, or sustain the prayer in the election petition; and
(b) paragraph 12 for filing the reply, no amendment shall be made—
(i) alleging that the claim of the seat or office by the petitioner is incorrect or false, or
(ii) except anything which may be done under the provisions of subparagraph (2) (a)
(iii) effecting any substantial alteration in or addition to the admissions or the denials contained in the original reply filed, or to the facts set out in the reply.
i. This paragraph seeks to provide a window for a Petitioner or Respondent to correct certain errors or omissions that were not envisaged or facts that were inadvertently omitted during the preparation and or filing of a Petition or Reply.
ii.
The paragraph gives room for a Petitioner or Respondent to amend their Petition or Reply
after it has been filed. But this amendment must be done within the period prescribed for
the
filing of Election Petition or Reply except for instances of minor amendment and
typographical
errors.
Read PDP & Anor V. APC & Ors (2019) LPELR-48425(CA) and Ibezim Elebeke
(2022) 4 NWLR
(Pt. 1819)1.
iii. Note: Timeline for filing Election Petition is contained in section 285 (5) of the 1999 Constitution.
EDEOGA & ANOR. V. INEC & 2 ORS. (SC/CV/1130/2023) per Mohammed Lawal Garba, JSC @ page 31-32
“Due to the provisions in paragraph 14(1) and (2) (a) of the 1st Schedule allowing amendment to an election petition before the expiration of the time limited for the presentation of an election petition under the provision of section 132(7) of the Electoral Act, the courts have consistently held that the filing of witnesses written statements on oath after the expiration of such time constituted an amendment of the election petition which is not permitted and renders such statements on oath incompetent and inadmissible in evidence, as demonstrated in the cases referred to earlier on the point. See also Ojukwu v. Yar'Adua (2009) 12 NWLR (pt. 1154) 50, Yaki v. Bagudu (2015) 18 NWLR (pt. 1491) 288.”
PETER OBI & ANOR. V INEC & 3 ORS. (CA/PEPC/03/2023) (Unreported) @ page 92
Hon. Justice Haruna Simon Tsammani JCA, held as follows:
“It is my humble view that the position of the law as can be gleaned from Section 285 (5) of the Constitution,
Paragraphs 4, 14 (2) and 16 (1) of the First Schedule to the Electoral Act is that a petitioner cannot be allowed
to file and use documents or witness statements on oath filed outside the time set for filing a petition and to which the
respondents would have no opportunity to react. To do so will amount to creating an avenue which a petitioner can use or exploit to overreach
the respondents. That is the stand of the Supreme Court in Oke v. Mimiko (No. 1) (supra), followed by this Court in Ogba v. Vincent(supra)."
