ELECTORAL Law and Practice in Nigeria is a worthwhile addition to Nigerian legal literature. It is a unique and scholarly contribution to the search for justice through the application of law to election matters. The 17 chapters of the book are loaded with insightful information about virtually all aspects of electoral law and procedure in Nigeria.
Chapter one introduces the legal and institutional framework for elections. It considers the functions of the state Independent Electoral Commissions, the limits of the powers of INEC to make Bye Laws or Subsidiary Legislations. The chapter also deals with important pre-election matters and several others issues on which may turn the much-desired victory of a party to an election matter.
Chapter two is devoted to the ever important concept of jurisdiction while chapter three deals comprehensively with the statutory and constitutional grounds of election petition through the cases. Here, the learned author has been able to demonstrate clearly that, except the complaint in an election petition is based on any of or a combination of the statutory grounds of non-qualification of a successful candidate, invalidity of election and as a result of corrupt practices or non-compliance with provision of the Electoral Act, unlawful exclusion of the petitioner from election and the constitutional ground that the successful candidate has not been duly elected, such a complaint will not qualify as an election petition properly so-called.
In chapter four, the author elucidates on the issue of the essentiality of time in the presentation of election petition. Chapters five, six, seven, 10, 11 and 12 deal seriatim with the procedural issues of service of processes, entry of appearance and consequences of default of appearance enlargement and abridgement of time within which to take certain procedural steps, amendment of pleadings, further and better particulars, consolidation and withdrawal of election petitions. The highpoint in chapter five is that service of the originating processes, that is the Notice of Presentation of Petition with a certified true copy of the petition, must be personal. Substituted service may be resorted to where it becomes difficult to effect personal service. In chapter six, the author highlights the requirement of the entry of appearance by respondent to an election petition within some specified number of days not less than five and not more that seven days after the service of originating processes with the proviso, however, that non-filing of memorandum of appearance would not bar a respondent from defending the petition if he files his reply within a reasonable time, which, in any case, shall not be more than 21 days after receipt of the petition.
In chapter seven, the learned author submits that extension of time can be sought and granted for taking procedural steps in election petition but subject to the exemption that the time for filing election petition and the petitioner’s reply to the respondent’s reply cannot be extended. Chapter 10 deals with the procedure for amendment of petition. The learned author, through the provisions of the Electoral Act and case law submits two basic procedural notes on the amendment of election petition namely that: (1) amendment on matter of substance cannot be effected after the expiration of the time within which to file an election petition and; (2) amendment of clerical and or typographical errors can be made even after the expiration of time for filing petition.
Chapter 11 is devoted to the necessity of requesting for further and better particulars by a party to an election petition where the pleading of the opposing party is vague and general in nature. The author, through the cases, demonstrates that failure to give further and better particulars, when required and ordered, could deprive the party so required to furnish such better and further particulars the opportunity to lead evidence in proof of such averments that are general in nature with the drastic consequences that where the substance of the petition is hinged on the impeached averments, the entire petition may be declared incompetent.
In chapter 12, the learned author highlights the procedural necessity of consolidation of election petitions brought by different persons and or entities against the same election return. Chapter eight of this book deals with the twin issues of locus standi to present election petition and the respondents to election petition.
In chapter nine, the learned writer restates exhaustively and in very elucidating manner, the basic requirements as to the contents of election petition such as specification of parties, specification of the right to present the petition, the holding of the election, scores of candidates, the person returned as a winner, the ground of petition, statement of relevant facts, relief sought, paragraphing of claims, signature of the petitioner or his solicitor and address for services. The consequences of failure to state each and every of these statutory requirements as to the contents of an election petition are discussed through the cases.
Chapter 13 touches briefly on the issue of the right of statutory respondents to be represented by either legal officers who are employees of the INEC, legal officers from the Federal and State Ministries of Justice, the Attorneys General of the Federation and the states as well as private legal practitioners.
Chapter 14 deals with procedure for bringing preliminary objection and in chapter 15, the learned author deals comprehensively with statutory provisions on the necessity for the acceleration of the hearing of election petitions and the constitutionality or otherwise of setting time limit within which election tribunals or courts must dispose of election cases. In chapter 16, the author outlines the types of judgments and orders that election tribunals or courts can make and under what circumstances. Chapter 17, which is the last chapter, deals with appeal.
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