Paragraph 51
Electoral officer as respondents(1) Where an election petition complains of the conduct of an electoral officer, a Presiding officer, returning officer or any other official of the Commission he shall for all purposes be deemed to be a respondent and joined in the election petition as a necessary party, but an electoral officer, a Presiding officer, returning officer or any other official of the Commission shall not be at liberty to decline from opposing the petition except with the written consent of the Attorney-General of the Federation.
(2) If consent is withheld by the Attorney-General under subparagraph (1) of this paragraph the Government of the Federation shall indemnify the electoral officer, Presiding officer, returning officer or such other official of the Commission against any costs which may be awarded against him by the Tribunal or Court in respect of the election petition.
(3) Where the Commission, an electoral officer, a Presiding officer, returning officer or any other official of the Commission has been joined as a respondent in an election petition, a Legal Officer of the Commission or a Legal Practitioner engaged by the Commission or the Attorney-General of the State concerned (acting in person or through any of his Legal Officers), or the Attorney-General of the Federation (acting in person or through any of his Legal Officers) shall represent the Commission electoral officer, Presiding officer, returning officer or other official of the Commission at the Tribunal or Court.
(4) A private Legal Practitioner engaged by the Commission under subparagraph (3) shall be entitled to be paid his professional fees and a Legal Officer so engaged shall be paid such honorarium as may be approved by the Commission.
i. This paragraph seeks to define the place of an Electoral Officer, Presiding Officer, Returning Officer or other Officer of INEC in an election Petition.
ii. The paragraph empowers a Petitioner to name an Electoral Officer, Presiding Officer, Returning Officer or other Officer of INEC to the Petition where the Petitioner complaints of the conduct of such Officer. Such officer named in the Petition is bound to defend the Petition except he is excused by the Attorney General of the Federation.
iii. Note: Section 133 (1) of the Act provides that it shall not be necessary to join such officers whose conduct is being complained of, in an election petition and the Commission shall be made a respondent and is deemed to be defending the petition for itself and on behalf of its officers.
iv.
The paragraph also empowers a Legal officer or an external private Legal practitioner to
defend the Commission or its Officer named as Respondent to a Petition.
Read APC V. ADP & ORS (2021) LPELR-54280 (CA)
