AMENDMENT OF ELECTION PETITION – BASIC PRINCIPLE GUIDING THE COURT WHEN AN AMENDMENT IS SOUGHT
Topic starter May 6, 2020 11:22 am
"I shall reiterate the basic principle guiding the Court when an amendment is sought within the contemplation of the Electoral Act as provided in Paragraph 14 (2) (a) and (b) of the 1st Schedule to the Electoral Act 2010 (as amended) and related to Section 285 (5) of CFRN . It is that no amendment whatsoever shall be entertained by the tribunal after the expiration of the period within which the present an election petition. Bringing into view the use of the word "shall" in Section 285 (5) CFRN , the connotation is a command or mandatory obligation which places a complete bar to any form of amendment to the petition filed and has no room for an exercise of discretion in that regard. See Oke & Anor V Mimiko & Ors. (2013) LPELR- 20645 (SC); Ugwu V Ararume (2007) 12 NWLR (PT.1048) 367 at 510; Onochie V Odogwu (2006) 6 NWLR (PT.975) 65; Bamaiyi V Attorney General Of Federation (2001) 12 NWLR (PT.727) 468 AT 497."
PER M. U.PETER-ODILI, J.S.C. IN INDEPENDENT NATIONAL ELECTORAL COMMISSION v. ABBA KABIR YUSUF & ORS SC.972/2019 (CONSOLIDATED)
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