Goto Emmanuel
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Christ came to save; not to destroy Hear this, ye hypocrite Rain shall drench In the region of all Save! The shanties will say Tears of idles flow like the river Immersed in the sea; but sink not Adhere to the actor; for nothing is on earth Now we see, now we know, the world is vanity.
By Goto Emmanuelabout a year ago in Poets
THE APPLICABILITY OF PRE-TRIAL HEARING IN ELECTION PETITION ACCORDANCE TO THE CURRENT ELECTORAL ACT, 2022
nABSTRACT Election matters are sui generic; unlike other civil matters, but are highly regulated immediately the election petition is filed by the petitioner; and when the respondent replies, the petitioner is mandated to reply the respondent within a specified period. After the exchange of the pleadings, Paragraph 18 of the first schedule of Electoral Act, 2022 provides for pretrial before the actual trial commences as to deal with interlocutory application, guide the future course of the petition, direct witnesses to be called, documents to be tendered; and ensure the tribunal fix comfortable date for hearing of the petition. On this background, this work will appraise the purpose and relevance of pretrial in election petition. Keywords: Election, Pretrial, Pre-hearing, Pleadings, Petitioner, Respondent, Tribunal, Sui generis. Introduction Election matter are quite different from other civil or criminal proceedings as they are regulated by their own statutory provisions regulating their practice and procedure and when a petitioner is dissatisfied with the result of an election on valid grounds, and after the exchange of pleadings, the next stage is pretrial to enable the court understands some circumstances in the case, number of witnesses to be called, and determine the duration of the case and other significant reasons. Hence, the essay discourse would delve into the general idea of election petition, pre-trial/prehearing, purpose and relevance of pretrial in election proceeding. Election Petition and Pretrial According to the 6th edition of the Oxford English Dictionary, election is “a process of choosing leaders, members of parliament, councillors, or other representatives by popular vote.” It is through an election that we select our representatives in government. A petition is a pleading in a civil action by which the plaintiff sets down the cause of action and invokes the court’s jurisdiction. It is relevant to know that petition invariably originates from the dissatisfaction of candidates on the conduct of the election which may be as a result of any perceived irregularity, malpractice or act that does not comply with the provision of the law. Some of the incidents that may lead to election petitions include rigging or over voting, snatching of election results, non compliance with the law, ballot box stuffing etc. Pretrial is a hearing prior to trial, which all parties involved in the trial attempt to determine the issues before the main trial. It would be held when all initial pleadings have been submitted and before the continuation of the main trial, paragraph 18 to the first schedule of the Electoral Act, 2022 provides that after the filing of the pleadings by the petitioner and respondent, pretrial is the next stage. In election petition, 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, as the case may be, the Petitioner shall apply for the issuance of pre-hearing notice as in Form TF 007. And where the Petitioner fails to bring the application within the prescribed time, Paragraph 18(3) of the 1st Schedule to the Electoral Act 2022 allows the Respondent to bring the application. However, as emphasized in the case of Ugochukwu v. Okonkwo, Per Yargata Byenchit Nimpar, JCA stated that "there is a huge difference between pre-trial in normal civil cases and in an election petition, it is therefore wrong to apply principles of pretrial in Election Petitions to normal civil cases." The rules in election petition must be complied accordingly for speedy dispensation of Justice... Hence, the Petitioner is obliged to apply for pre-hearing session only at the close of pleadings, and no motion shall be moved and shall come up at the pre-hearing session except in extreme circumstances with leave of the Tribunal or Court as emphasized in Afia & Anor v. Ekpenyong & ors and Udoh v. Nwaoboshi & ors. Specific Time frame for filing pretrial application The time frame for filing pretrial application is that the Petitioner is obligated to apply for pre-hearing session when the pleadings have been closed. It simply means, seven days after all parties ought to have filed a reply to petition or reply to Respondents’ reply. In the case of Chukwu v. Ude-Okoye, Per Ogunwumiju, JCA held that: ….At the pre-hearing session, all preliminary and interlocutory matters such as amendments of pleadings, formulation/settlement of issues, scheduling, inspection and discoveries of documents, etc., would be disposed of within a specified time so that once the matter is set down for hearing, trial may proceed day to day without any unnecessary delay. Para 18 (3) of the First schedule of the Electoral Act, 2022 provides that the Respondent may bring the application in accordance with subparagraph (1) where the Petitioner fails to do so, or by motion which shall be served on the petitioner and returnable in 3 clear days, apply for an order to dismiss the petition and where the Petitioner and the Respondent fail to bring an application, the tribunal or court shall dismiss the petition as abandoned petition and no application for extension of time to take that step shall be accepted by the secretary of the tribunal. The mode for pretrial application The actual manner in which an application for the issuance of pre-hearing notice is made, is not expressly provided by the law, hence, in Ugba v. Pdp, the court stated that application for the issuance of pretrial can applied in letter form, motion ex-parte or motion on notice. The matters to be considered at the pre-hearing session are listed under Paragraph 18(7) of the 1st Schedule to the Electoral Act 2022. It is significant to note that generally no application can be validly taken before the commencement of the pre-hearing session. However, the Tribunal has the discretion to grant leave to bring an application before the commencement of the pre-hearing session if special circumstances to do so is disclosed. Effect of not applying for pretrial Paragraph 18(4) of the 1st Schedule to the Electoral Act, 2022 (As Amended) provides that following the failure of the parties to apply for the issuance of the pre-hearing notice within the prescribed time, the Tribunal or Court shall deem the petition as abandoned and dismiss the petition accordingly. The same provision also provides that no application for extension of time to file an application for the issuance of the pre-hearing notice shall be entertained or granted. The Petition was abandoned and was only fitting for the order of dismissal made by the Tribunal.’’ Pretrial Scheduling order in election petition Paragraph 18(6) (a) –(d) of the first schedule to the Electoral Act, 2022 provides that at the pre-hearing session, the tribunal or court shall enter a scheduling Order for Joining other parties to the petition, amending petition or reply or any other processes, filing and adoption of written addresses on all interlocutory application, additional pre-hearng session, order of witnesses and tendering of documents and others. Duration or time frame for pretrial in election petition Paragraph 18(9) of the 1st Schedule to the Electoral Act, 2022 (As Amended) provides that the pre-hearing session must be conducted within 14 days of its commencement. In the case of Sarki Dahiru v. Hon. (Dr.) Joseph Haruna Kigbu & ors, the Court held that the provision of Paragraph 18(9) of the 1st Schedule to the Electoral Act, 2022 (As Amended) is directory and not mandatory; so long as the Petitioner filed the application for the issuance of the pre-hearing notice within the prescribed time and cooperates with the Tribunal during the pre-hearing session. Issuance of preparing report in pretrial At the determination of the pre-hearing session, the Tribunal would issue a pre-hearing report which would guide the subsequent course of the proceedings as captured in Paragraph 18(10) of the 1st Schedule to the Electoral Act, 2022 (As Amended). Also, Paragraph 18(11) of the 1st Schedule to the Electoral Act, 2022 (As Amended) enables the Tribunal where the Petitioner fails to attend the pre-hearing session or obey a scheduling order or pre-hearing order or is substantially unprepared to participate in the pre-hearing session in good faith to dismiss the petition. PURPOSE AND RELEVANCE OF THE PRE-HEARING Pretrial is usually conducted in order to facilitate the process of administering justice, it will enable the tribunal to know the type of evidence that the witness want to tender and the circumstances behind it. Some of the purposes of pre-hearing as provided in paragraph 18 (2) of the first schedule to the Electoral Act, 2022 are; • To dispose all matters that can be dealt with in interlocutory application It is an avenue for the amendment to a petition, reply or other process because when the actual trial commences, amendment would not be entertained because of its regulated pattern. And it is very relevant to the parties especially when they intend to make any additional admission, which required details; hence, pretrial conference will enable the judges in the tribunal to dispose all matters that will be tackled in interlocutory application. • Giving such direction as to the future course of the petition Paragraph 18 (2)(b) provides that giving such directions as to the future course of the petition as appear best adapted to secure its just, expeditous and economical disposal in view of the urgency of election petition. It means, for the purpose of resolving dispute amicably, the pretrial conference in election petition is an avenue in which the tribunal or court can assist the parties to resolve their disputes or particular issues in it without resorting to full hearing which is expensive. Therefore, it facilitates and considers any lawful means of resolving or narrowing down the dispute or particular issues in it. • It gives direction Another relevant fact for pretrial is that it gives direction or order of witnesses to be called and such documents to be tendered by each party to prove their cases having in view the need for the expeditious disposal of the petition. In case, a further and better particulars of any petition or reply required, it ensures the parties specify the required particulars. It is essential that during pretrial, the number of witnesses the parties wish to call and would prepare the minds of the parties as to the use of single or joint experts in giving evidence. Apart from these, pretrial/hearing is relevant because it enables counsels and tribunals to be meticulous, while filing processes; as it provides for list of paragraphs of the position/reply the party is admitting, the document they are consenting to, etc. • Fixing clear date for hearing of the petition Election matters are highly regulated, even the delivering of judgement is within 180 days and failure to give judgement within the specified period will be declared null and void. Pretrial conference enables whether the action is considered with any other action, enables the parties to give particulars so that it will ease the process of fixing ascertainable date for the continuation of trial and ascertain the period judgement will be determined. Pretrial in election proceedings in Nigeria is a crucial aspect of ensuring a fair and just determination of the election petition trial in the tribunal or court. Paragraph 18 (7) of the first schedule to the Electoral Act,2022 ensures that at the pre-hearing session, the tribunal or court shall consider and take appropriate action in respect of some necessary or desirable issues such as amendments and further and particulars because amendment is not permitted in election trial. It is also necessary because it leads to the formulation and settlement of issues for trial and handles hearing and determination of objections on point of law and facilitates the control and scheduling of discovery; inspection and production of documents. More so, it narrows the field of dispute between certain types of witnesses especially the commission’s staff and witnesses that officiated at the election, by their participation at pre-hearing session or in any other manner, and giving orders or directions for hearing of cross – petitions or any particular issue in the petition or for consolidation with other petitions. Pre-hearing session is used by the Tribunal and the parties to ensure that trial proceeds without any unnecessary delay. Paragraph 18 (7) (I) provides that pre-trial facilitates the just and speedy disposal of the petition considering the urgency of the election petitions. At the pre-hearing session, all preliminary and interlocutory matters such as amendments of pleadings, formulation/settlement of issues, scheduling, inspection and discoveries of documents would be disposed of within a specified time so that once the matter is set down for hearing, trial may proceed day to day without any unnecessary delay. More so, not all petition can stay till the main trial, some can opt for out of court settlement. After the exchange of pleadings, some parties can consider the expenses, unrest and the chaos in conducting election again especially in a violent environment like Nigeria. Thus, parties can decide to settle amicably without going to the full trial in order to save time, energy and resources. Pretrial is a vital process as it promotes the fairness, and transparency in effectively determining decision pertaining election petition. The purpose is to promote the rule of law, democracy, fairness, and ensure that pretrial process is accordingly complied as laid down by paragraph 18(1) of the first schedule of the Electoral Act, 2022 which governs by the principles of the rule of law and ensure justice is manifestly done. Conclusion Due to the importance of pretrial, the law equally provides that if a party or his legal practitioner fails to attend the pre-hearing sessions or unprepared to participate in the session, the tribunal or court shall dismiss the petition and enter judgment in favour of the respondent. It determines the readiness of the parties in an election matter, the type of case, the witnesses that will testify in the main trial, the actual documents to be tendered; and to facilitate the interlocutory setting of the case, guides future course of the case, ensure when the proceeding can be actually determined. Failure to comply with the provision as stated in paragraph 18 of the first schedule to the Electoral Act, 2022 would lead to dismissal of the petition because pretrial aids in the adjudication of effective justice system.
By Goto Emmanuelabout a year ago in Education
There is no new prayer point on earth
Don't allow a snail to run a race for you. If you want to run a race, run like the spider. Don't just sweat, because some men sweat without running. Your dream today was my clergyman's dream yesterday. Your prayer tomorrow is like a toy in the hands of another man. The hut that covers you, the crown on your forehead, & the horsetail at hand has caused many kneels to peel in the mountain. There is no new poem on earth. All the poems have been written. Only new reflections exist. There is no new future, but the earnest prayer is that you dream a new dream today.
By Goto Emmanuelabout a year ago in Poets
5 ways to mitigate depression
We are aware that death is inevitable, but we shouldn't draw attention to death because of the odds. We know that death comes unaware, but it does not mean we should decide to end our existence on earth. We are aware that the pains of life can strain and drain human mentality.
By Goto Emmanuelabout a year ago in Humans
Tribal transference: can you change your tribe?
Humanity reacts mainly to the tribal structure by inculcating the activities of such tribe which can be the spoken language, manner of eating, marriage process, dressing pattern, teaching aspect, and other cultural conducts. Generally, when a child is born, such a child is exposed to the environment within and is unconsciously directed to imitate the cultural structure of the people.
By Goto Emmanuelabout a year ago in Art
