Paragraph 55
Practice and Procedure of Court of Appeal and Supreme CourtSubject to the provisions of this Act, an appeal to the Court of Appeal or to the Supreme Court shall be determined in accordance with the practice and procedure relating to civil appeals in the Court of Appeal or of the Supreme Court, as the case may be, regard being had to the need for urgency on electoral matters.
i. This paragraph seeks to determine the Rules that are applicable to election Petition Appeals before the Court of Appeal and the Supreme Court.
ii. The paragraph empowers the Court of Appeal and the Supreme Court to apply the Rules of practice and procedure of the Court of Appeal and the Supreme Court respectively on Civil Appeal in respect of Election Petition Appeals before them.
iii.
In applying the practice and procedures on civil appeals to election appeals, the Court of
Appeal is obligated to take into cognizance the sui generis (special) nature
of
election matters as it relates to the urgency involved.
Read Andrew & Anor v. INEC & Ors (2017) LPELR-42161 (CA)
On the Sui Generis nature of electoral appeals.
EHUWA V. ONDO STATE INDEPENDENT ELECTORAL COMMISSION & ORS (2006) LPELR – 1056 (SC), Per Onnoghen, JSC (as he then was).
The Supreme court in emphasizing the need for Superior courts to take into consideration the need for urgency in electoral matters albeit the application of their practices and procedures held as follows:
“It is not disputed that election petition proceedings are not part and parcel of ordinary civil proceedings of the ordinary courts but sui generis and are usually specifically and specially provided for in legislations for that purpose. Such provisions include appeals against decisions of the election tribunals.”
