Election Tribunals: President of the Court of Appeal Issues Guidelines
Following the 2007 general elections, the President of the Court of Appeal, Umaru
Abdullahi, has issued the Election Tribunal and Court Practice Directions. Inspired by the Constitution of the Federal Republic of Nigeria, 1999 and the Electoral
Act 2006, the Election Tribunal and Court Directions cover the mode of filing a Petition;
Respondent’s Reply; Pre-Hearing Session and Scheduling; Evidence at Hearing in a
Petition; and Motions and Applications. According to the Election Tribunal And Court Practice Directions which was widely
published in national newspapers, all petitions to be presented before the Tribunal or Court
shall be accompanied by: (a) list of all the witnesses that the petitioner intends to call in
proof of the petition; (b) written statements on oath of the witnesses; and (c) copies or list
of every document to be relied on at the hearing of the petition. Also, the Respondent’s Reply shall be a statement in summary form and shall be supported
by copies of documentary evidence, list of witness and the written statements on oath. The Practice Directions stipulate that the Pre-Hearing session and Scheduling shall take
place within 7 days after the filing and service of the Petitioner’s Reply on the Respondent,
or 7 days after the filing and service of the Respondent’s Reply. Whichever is the case, the
Petitioner shall apply for the issuance of pre-hearing notice as in Form TF 007. They further stipulate among others, under Evidence at Hearing that any fact required to be
proved at the hearing of a petition shall be proved by written deposition and oral
examination of witnesses in open court and that documents which parties consented to at
the pre-hearing session or other exhibits shall be tendered from the Bar or by the
party where he is not represented by a Legal Practitioner. And under Motions and Applications, the Directions stipulate among others that no motion
shall be moved; that all motions shall come up at the pre-hearing session except in extreme
circumstances with leave of Tribunal or Court and that any application is authorized to be
made to Tribunal or Court, such application shall be made by motion which may be
supported by affidavit and shall state under what rule or law the application is brought and
shall be served on the respondent. Shortly after the Presidential and National Assembly elections of April 21st 2007, INEC
Chairman, Professor Maurice Iwu, had urged aggrieved politicians to find recourse in the
Election Tribunals instead of taking the law into their hands. |
