ELECTION JUDICIAL PROCEEDINGS PRACTICE DIRECTIONS 2023

CENTER FOR LAWS OF NIGERIA: FEDERAL COURT RULES

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ELECTION JUDICIAL PROCEEDINGS PRACTICE DIRECTIONS 2023

[PURSUANT TO SECTIONS 243, 248 AND 285 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED), AND SECTION 140 OF THE ELECTORAL ACT, 2022]

ARRANGEMENT OF SECTIONS

Application

Interpretation

1.       List of Witnesses

2.       [Application of requirements of paragraph 4(5) of the First Schedule to the Electoral Act, 2022

3.       Security for Costs]

4.       Return of security for Costs

5.       Page and Paper size requirements of processes

6.       Appeal to the Court

7.       [Requirements for filing of the Notice of Appeal]

8.      [Service of copies of the Notice of Appeal and settlement of the documents to the included in the Record of Appeal]

9.       [Compilation, Service and Transmission of the Record of Appeal]

10.     Brief of Argument

11      [Content and treatment of a Brief of Argument]

12.     [Time for filing Respondent’s Brief of Argument and Appellant’s Reply Brief

13.     [Time specified in Rules not to be extended by court]

14.     [Length of Brief of Argument]

15.     [Forwarding of List of law reports, textbooks and other authorities to be relied upon]

16.     Appearance of Learned Counsel at Sessions

17.     Oral Argument

18.     [Non-appearance during Oral Argument]

19.     Electronic Transmission and service

20.     Stay of Proceedings

21.     Repeal

22.     Citation

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ELECTION JUDICIAL PROCEEDINGS PRACTICE DIRECTIONS 2023

[PURSUANT TO SECTIONS 243, 248 AND 285 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED), AND SECTION 140 OF THE ELECTORAL ACT, 2022]

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(Commencement)                     (22nd Day of May, 2023)

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In exercise of the powers conferred on me by sections 243, 248 and 285 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 140 of the Electoral Act, 2022 and by virtue of all other powers enabling me in that behalf, I MONICA BOLNA’AN DONGBAN-MENSEM, President of the Court of Appeal, hereby issue the following Practice Directions—

Application

These Practice Directions shall apply and be observed in the Election Petitions Tribunals and in the Court of Appeal when sitting as a Court of first instance or when hearing Appeals from the Tribunal or an Appeal from a Court in pre-election matters.

Interpretation

Unless the context dictates otherwise, the following terms have the meanings respectively assigned to them—

          “Appeal” includes interlocutory Appeal.

          “The Court” means the Court of Appeal.

“The Tribunal” means the Election Petition Tribunals established pursuant to Section 285 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). “Pre-election matters” has the meaning assigned to it under Section 285(14) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

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