LOCAL GOVERNMENT ELECTION TRIBUNAL LAW
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LOCAL GOVERNMENT ELECTION TRIBUNAL LAW
ARRANGEMENT OF SECTIONS
Part I – Establishment and Composition of Election Tribunals and Determination of Questions With Respect To Elections
1. Establishment and composition of Local Government Election Tribunals
2. Mode of questioning election
3. Presentation of petition
4. Grounds for petition
5. Non-compliance with certain provisions not to invalidate election
6. Defect in title of electoral officials
7. Establishment and composition of Election Appeal Tribunal etc.
8. Time of appeal, etc.
9. Finality of Election Appeal Tribunal decision
10. Funding of Election Tribunal
11. Power of Tribunal to nullify election or return candidate with majority vote
12. Candidate returned to hold office pending determination of appeal, etc.
13. Rules of procedure for election petitions and appeals
Part II – Procedure for Election Petition
14. Hearing and determination of petition
15. Security for costs
16. Presentation of election petition
17. Contents of election petition
18. Further particulars
19. Address for service
20. Action by registrar
21. Personal service on respondents
22. Entry and default of appearance
23. Non-filing of memorandum of appearance
24. Notice of appearance
25. Filing of reply
26. Service of reply
27. Amendment of election petition
28. Further particulars or directions
29. Open Tribunal
30. Time and place of hearing petition
31. Notice of hearing
32. Posting of notice on Tribunal notice board deemed to be good notice
33. Postponement of hearing
34. Non-arrival of Chairman of Tribunal
35. Hearing to continue from day to day
36. Adjournment of hearing
37. Powers of the Chairman of Tribunal
38. Effect of determination
39. Withdrawal of abatement of petition
40. Affidavit against illegal terms of withdrawal
41. Time for hearing motion for leave to withdraw
42. Respondents costs
43. Abatement on death
44. Respondent not opposing petition
45. Cancellation of hearing notice
46. Discretion of Tribunal if no reply
47. Fees
48. Allocation of costs
49. Return of security
50. Payment of costs out of security
51. Calling of witnesses
52. Privilege
53. Evidence by respondent
54. Enlargement and abridgement of time
55. Service of notice
56. Two or more candidates as respondents
57. Consolidation of multiple petitions
58. Non-opposition to petition
59. Duplicate of documents used in proceedings
60. Non-compliance with rules etc.
61. Application of Rules of Court
62. Interpretation
63. Citation and commencement
SCHEDULE
LOCAL GOVERNMENT ELECTION TRIBUNAL LAW
A LAW TO ESTABLISH THE LOCAL GOVERNMENT ELECTION TRIBUNALS, THE LOCAL GOVERNMENT ELECTION APPEAL TRIBUNALS AND FOR CONNECTED PURPOSES
[2001 No.16.]
[3rd December 2001] [Commencement.]
PART l – Establishment and Composition of Election Tribunals and Determination of Questions With Respect To Elections
1. Establishment and Composition of Local Government Election Tribunals
(1) There shall be established in the State one or more Election Tribunals to be known as Local Government Election Tribunals (referred to in this law as an “Election Tirbnal”) which shall to the exclusion of any other Tribunal or Court, have original jurisdiction to hear and determine-
(a) election petitions as to whether a person has been validly elected as chairman or councillor of a Local Government Council;
(b) any question as to whether the term of office of any person as chairman of a Local Government Council has ceased;
(c) any question as to whether an election petition is proper or improper before the Election Tribunal.
(2) An Election Tribunal shall consist of a chairman and four other members, all of whom shall be persons of unquestionable integrity who are not involved in party politics.
(3) The Chairman shall be a person who has held Office or is qualified to hold Office of a Judge of a High Court and four (4) other members who shall be Magistrates from the Lagos State Magistracy or legal practitioners with not less than ten (10) years post call experience [Amended by the Local Government Election Tribunal (Amendment) law 2008]
(4) The chairman and other members shall be appointed by the Chief Judge of the State.
2. Mode of questioning Election
(1) No Local Government election and no return to Local Government shall be questioned except by a petition complaining of an undue election or undue return (referred to in this Law as an presented to the Election Tribunal in accordance with the provisions of this Law.
(2) An election petition shall be presented within twenty-one (21) days from the date of which the result of the election is declared.
(3) No election petition shall be declared incompetent for reason only that it did not comply with the provisions of subsection (2) of this section if it was filed within twenty-one (21) days from the date the registry of the Election Tribunal was opened.
3. Presentation of Petition
(1) An election petition may be presented by one or more of the following persons:
(a) a candidate at an election;
(b) political party; or
(c) a person claiming to have had a right to contest or be returned at an election.
(2) The person whose election or return is complained of is in this Law referred to as the Respondent. But if the petition complains of the conduct of an electoral officer, a presiding officer, a returning officer or any other official of the Commission, such electoral officer, presiding officer, returning officer or official of the Commission shall for the purpose of this Law be deemed to be a respondent and shall be joined in the election petition.
4. Grounds for Petition
(1) An election may be questioned on the following grounds:
(a) that the person whose election is questioned was at the time of the election not qualified or was disqualified from being elected as a member of a Local Government Council; or
(b) that the election was voided by corrupt practices, irregularities or offences against this Law; or
(c) that the respondent was not duly elected by a majority of valid or lawful votes cast at the election; or
(d) that the petitioner was validly nominated but was unlawfully excluded from the election.
(2) An act or omission which is contrary to an instruction or direction of the Commission or of an officer appointed for the purpose of the election but which is not contrary to this Law shall not of itself be a ground on which the election may be questioned.
5. Non-compliance with certain provisions not to invalidate election
An election shall not be invalidated by reason of non-compliance with this Law if it appears to the Tribunal that the election was conducted substantially in accordance with the principles of this Law and that the non-compliance did not affect substantially the result of the election.
6. Defect in title of electoral officials
An election shall not be questioned by reason of any defect in the title or want of title of the person conducting the election or acting in the office given the right to conduct the election.
7. Establishment and composition of Election Appeal Tribunal etc.
(1) There shall be established for the State an Election Appeal Tribunal to be known as Local Government Election Appeal Tribunal (to be referred to in this Law as an “Election Appeal Tribunal”) to hear and determine appeals arising from decisions of the Election Tribunals established under this Law.
(2) An Election Appeal Tribunal shall consist of the Chairman and four other members, all of whom shall be persons of unquestionable integrity who are not involved in party politics.
(3) The Chairman and the other members shall be Judges of the High Court of the State.
(4) The Chairman and other members of the Election Appeal Tribunal shall be appointed by the Chief Judge of the State.
8. Time of Appeal, etc.
Notice of appeal to the Election Appeal Tribunal from a decision of an Election Tribunal on an election petition shall be given within four (4) days from the date of the decision appealed against.
9. Finality of Election Appeal Tribunal decision
The decision of the Election Appeal Tribunal shall be final and there shall be no further appeal to any other court or Tribunal.
10. Funding of Election Tribunal
The Election Tribunals, including the Election Appeal Tribunal, shall be funded by the State Government from the Consolidated Revenue Fund of the State.
11. Power of the Tribunal to nullify election or return candidate with majority vote
(1) Subject to subsection (2) of this Section, if the Tribunal determines that a candidate returned as elected was not duly elected on any ground, the Tribunal shall nullify the election.
(2) If the Tribunal determines that a candidate returned as elected was not duly elected on the ground that he did not score the majority of lawful votes cast at the election, then the Election Tribunal shall declare as elected the candidate who scored the majority of lawful votes cast at the election.
12. Candidate returned to hold office pending determination of appeal, etc.
If the Election Tribunal determines that a candidate returned as elected was not duly elected, then if notice of appeal against that decision is given within seven (7) days from the date of the decision, the candidate returned shall, notwithstanding the contrary decision of the Election Tribunal, be deemed duly returned pending the determination of the appeal or the lapsing of the appeal, whichever first happens.
13. Rules of procedure for election petitions and appeals
The rules of procedure to be adopted for election petitions and appeals arising out of the petitions shall be those set out in Part II to this Law.
PART II – Procedure for Election Petition
14. Hearing and determination of petition
(1) An election petition shall be heard and determined within thirty (30) days from the date on which the petition is filed.
(2) An appeal arising from the decision of the election Tribunal on an election petition shall be heard and determined within twenty-one (21) days from the date of filing.
15. Security for costs
(1) At the time of presenting an election petition, the petitioner shall give security for all costs which may become payable by him to a witness summoned on his behalf or to a respondent.
(2) The security shall be of such amount not exceeding Ten Thousand Naira () as the Election Tribunal may order and shall be given by depositing the amount with the Election Tribunal.
(3) Where two or more persons join in the election petition, a deposit of the Ten Thousand Naira () shall be sufficient.
(4) If no security is given as required by this section there shall be no further proceedings on the election petition.
16. Presentation of election petition
(1) The presentation of an election petition shall be made by the petitioner (or petitioners if more than one) leaving it in person, or by the hand of the solicitor, if any, named at the foot of the election petition, with the registrar, and the registrar shall if so required give a receipt which may be in Form ET 001 sets out in the Schedule to this Law. [Form ET 00 I. Schedule.]
(2) At the time of presenting the election petition, there shall also be left a copy of the election petition for each respondent and seven other copies.
(3) The registrar shall compare the copy of the election petition left in accordance with subsection (2) of this section with the original petition and shall certify it as true copy of the election petition on being satisfied by the comparison that it is a true copy of the election petition.
(4) The petitioner or his solicitor shall, at the time of presenting the election petition, pay the fees for service and the publication of the petition, and for certifying the copies and in default of the payment, the election petition shall not be received, unless the Tribunal otherwise orders.
17. Contents of election petition
(1) An election petition shall:
(a) specify the right of the petitioner to present election petition;
(b) state the holding and result of the election; and
(c) state briefly the facts and grounds relied on to sustain the prayer of the electing petition.
(2) The election petition shall be divided into paragraphs each of which, as nearly as may be, shall be confined to a distinct portion of the subject and every paragraph shall be numbered consecutively, and no costs shall be allowed for drawing up or copying an election petition not substantially in compliance with this provision, unless the Election Tribunal otherwise orders.
(3) The election petition shall:
(a) conclude with a prayer, as for instance, a person may be declared duly returned or elected or that the election may be declared void, as the case may be; and
(b) be signed by the petitioner (or all petitioners if more than one), or by the solicitor (if any) named at the foot of the election petition.
(4) At the foot of the election petition there shall be stated an address for service within a post office in the judicial division, and the name of its occupier, at which address documents intended for the petitioner may be left.
(5) If an address for service and its occupier are not stated, the petition shall not be filed, unless the Election Tribunal otherwise orders.
(6) At the foot of the election petition there shall be added a note signed by the petitioner giving the name of his solicitor, if any, or stating that he acts for himself as the case may be.
(7) The Form ET 002 set out in the Schedule to this Law or one to the like effect, shall be sufficient for the purposes of the election petition. [Form ET 002. Schedule.]
18. Further particulars
Evidence need not be stated in the election petition, but the Election Tribunal may order such particulars as may be necessary-
(a) to prevent surprise and unnecessary expenses;
(b) to ensure a fair and effectual hearing in the same way as in a civil action in the High Court; and
(c) on such terms as to costs and otherwise as may be ordered.
19. Address for service
For the purpose of service of an election petition on the respondent, the petitioner shall furnish the registrar with the address of the respondent’s abode or the address of a place where personal service can be effected on the respondent.
20. Action by registrar
(1) On the presentation of an election petition and payment of the requisite fees, the registrar shall:
(a) cause notice, in Form ET 003 set out in the Schedule to this Law, of the presentation of the election petition and a certified copy of the election petition to be served on each of the respondents;[Form ET 003. Schedule.]
(b) post on the Tribunal notice board a certified copy of the election petition;
(c) set aside a certified copy for onward transmission to the Election Tribunal; and
(d) where the Election Tribunal so directs, cause a certified copy to be published in the State Gazette.
(2) In the notice of presentation of the election petition, the registrar shall state a time, not being less than three clear days after the date of service of the notice, within which the respondent is to enter an appearance.
(3) In fixing the time within which the respondent is to enter an appearance, the registrar shall have regard to:
(a) the necessity for securing speedy hearing of the election petition; and
(b) the distance from the registrar to the address furnished under section 19 of this Law.
21. Personal service on respondents
(1) Subject to subsections (2) and (3) of this Section, service on the respondent-
(a) of the documents mentioned in subsection (1) (a) of Section 20 of this Law; and
(b) of any other documents required to be served on him before entering an appearance, shall be personal.
(2) Where the petitioner has furnished, under Section 19 of this Law the address of the place where personal service can be effected on the respondent and the respondent cannot be found at that place, the Election Tribunal, on being satisfied, on an application supported by an affidavit showing that all reasonable efforts have been made to effect personal service, may order that service of any document mentioned in subsection (1) of this Section be effected in any of the ways mentioned in the relevant provisions of the Civil Procedure Rules for effecting substituted service in a civil case and that service shall be deemed to be equivalent to personal service.
(3) Proceedings under the election petition shall not be vitiated notwithstanding the fact that:
(a) the respondents or any one of them may not have been served personally; or
(b) a document of which substituted service has been effected pursuant to an order made under subsection (2) of this Section did not reach the respondent, and in either case, the proceedings may be heard and continued as if the respondent had been served personally with the document and shall be valid and effective for all purposes.
22. Entry and default of appearance
(1) Where the respondent intends to oppose the election petition, he shall:
(a) within such time after being served or deemed to be served with the petition; or
(b) where an order has been made under subsection (2) of Section 20 of this Law, within such other time as may be stated in that order, enter an appearance by filing in the registry a memorandum of appearance stating that he Intends to oppose the petition and giving the name and address of the solicitor, or stating that he acts for himself, as the case may be, and, in either cases giving an address for service within a post office in the Judicial Division and the name of its occupiers, at which documents intended for the respondent may be left.
(2) If an address for service and its occupier are not stated, the memorandum shall not be filed, unless the Election Tribunal otherwise orders.
(3) The memorandum of appearance which may be in Form ET 004 set out in the Schedule to this Law shall be signed by the respondent or his solicitor. [Form ET 004. Schedule.]
(4) At the time of filing the memorandum of appearance, the respondent or his solicitor shall:
(a) leave a copy of the memorandum for each of the other parties to the petition and three other copies of the memorandum to be preserved by the registrar; and
(b) pay the fees for service as may be prescribed or directed by the registrar, and in default of the duplicates being left and the fees being paid at that time, the memorandum shall not be filed, unless the Election Tribunal otherwise orders.
23. Non-filing of memorandum of appearance
(1) If the respondent does not file a memorandum of appearance as required under Section 22 of this Law, a document intended for him may be posted on the Tribunal notice board and that posting shall be sufficient notice of the document.
(2) The non-filing of a memorandum of appearance shall not bar the respondent from defending the election petition if the respondent files his reply to the petition in the registry within a reasonable time, but, in any case, not later than seven (7) days from the receipt of election petition.
24. Notice of appearance
The registrar shall cause a copy of the memorandum of appearance to be served on, or its notice to be given to, the other parties to the petition.
25. Filing of reply
(1) The respondent shall, within three (3) days of entering an appearance or seven (7) days from the date of receipt of an election petition file in the registry his reply specifying in it which of the facts and grounds alleged in the petition he admits or denies and setting out the facts and grounds on which he relies in opposition to the election petition.
(2) Where the respondent in an election petition complaining of an undue return and claiming the seat of office for a petitioner intends to prove that the claim is incorrect or false, the respondent in his reply shall set out the facts and grounds on which he relies in support thereof.
(3) The reply may be signed and filed by-the respondent or his solicitor.
(4) At the time of filing the reply, the respondent or his solicitor shall leave a copy of the reply for each party to the election petition and three other duplicates of the reply to be preserved by the registrar and pay the fees for service, and in default of leaving the required copies of the reply or paying the fees for service, the reply shall be deemed not to have been filed unless the Election Tribunal otherwise orders.
26. Service of reply
The Registrar shall cause a copy of the reply to be served on each of the other parties to the election petition.
27. Amendment of election petition
(1) Subject to subsection (2) of this Section the provisions of the relevant Civil
Procedure Rules relating to amendment of pleading shall apply in relation to an election petition or a reply to the election petition as if for the words ”any proceedings” in those provisions there were substituted the words “the election petition or the reply”
(2) After the expiration of the time limited by:
(a) subsections (2) and (3) of Section 2 of this Law for presenting the petition, no amendment shall be made:
(i) introducing a fresh prayer in the petition or effecting a substantial alteration of the grounds for, or the prayer in, the election petition; or
(ii) except anything which may be done under the provisions of subsection (3) of this Section, effecting a substantial alteration for or addition to the statement of facts and grounds relied on to support the grounds for, or sustain the prayer in the election petition;
(b) Section 23 of this Law for filing the reply, no amendment shall be made-
(i) alleging that the claim of the seat or office by the petitioner is incorrect or false; or
(ii) except anything which may be done under the provisions of subsection (3) of this Section, effecting any substantial alteration in or addition to the admissions or the denials contained in the original reply filed or the facts and grounds set out in the reply.
(3) The Election Tribunal shall not in the hearing and determination of an election petition be obliged to confine its inquiry or findings to the issues raised by the parties in the election petition or the reply, and may, without ordering or allowing:
(a) the same amendment of a statement of the facts and grounds relied on in support of the petition or the amendment of any admission or denial contained in the reply; or
(b) the facts or grounds set out in the reply but subject always and having due regard to the time limited by subsections (2) and (3) of Section 2 of this Law for presenting an election petition;
(c) inquire into any other issue otherwise raised or apparent, as the Election Tribunal may deem necessary for the purpose of the full and proper determination of the election petition.
28. Further particulars or directions
(1) If a party in the election petition wishes to have further particulars or other directions of the Election Tribunal, he may, at any time after entry of appearance, but not later than seven (7) days after the filing of the reply, apply to the Election Tribunal specifying in his notice of motion the direction for which he prays, and the motion shall, unless the Election Tribunal otherwise orders, be set down for hearing on the first available day.
(2) The party applying shall give notice of his motion to the other parties, and where he relies on a fact which is not apparent on the face of the documents already filed he shall support his motion by affidavit.
(3) If a party does not so apply, he shall be taken to require no further particulars or other direction and the party shall be barred from so applying after the lapse of the period laid down in subsection (1) of this Section except with the leave of the Election Tribunal.
(4) Leave of the Election Tribunal under subsection (3) of this Section shall be sought by motion supported by affidavit after notice to the other parties, and may be given in a proper case on such terms as to costs and otherwise as may seem fit.
29. Open Tribunal
Every election petition shall be heard and determined in an open Tribunal.
30. Time and place of hearing petition
(1) Subject to the provisions of subsection (2) of this Section, the time and place of the hearing of an election petition shall be fixed by the Election Tribunal and notice of the time and place of the hearing which may be in Form ET 005 set out in the Schedule to this Law, shall be given by the Registrar at least three (3) days before the days fixed for the hearing by: [Form ET 005. Schedule.]
(a) posting, or causing the notice to be posted on the Tribunal’s notice board;
(b) sending a copy of the notice by registered post or messenger to:
(i) the petitioner’s address for service
(ii) the respondent’s address for service, or
(iii) the electoral officer.
(2) In fixing the place of hearing, the Election Tribunal may have regard to the proximity to and accessibility from the place where the election was held.
31. Notice of hearing
The electoral office shall publish the notice of hearing by causing the copy to be affixed to the place which was appointed for the delivery of nomination papers prior to the election or to some conspicuous place within the Local Government Area but failure to do so shall not affect the proceedings if it does not occasion injustice against any of the parties to the election petition.
32. Posting of notice of Tribunal notice board deemed to be good notice
The posting of the notice of hearing on the Tribunals notice board shall be deemed and taken to be good notice, and the notice shall not be vitiated by any miscarriage of, or relating to, the copy or copies of the notice sent pursuant to section 30 of this Law.
33. Postponement of hearing
(1) The Election Tribunal may, from time to time, by order made on the motion of a party supported by affidavit after notice to other parties, or by notice in such form as the Election Tribunal may direct, postpone the beginning of the hearing to such day as the Tribunal may name, having regard at all times to the need for speedy conclusion of the hearing.
(2) A copy of the order or notice shall be sent by the Registrar by registered post or messenger to the electoral officer, who shall publish the order or notice in the manner provided in Section 30 of this Law for publishing the notice of hearing, but failure on the part of the electoral officer to publish the copy shall not affect the proceedings in any manner whatsoever.
(3) The Registrar shall post or cause to be posted on the Tribunal’s notice board a copy of the order or notice.
(4) Where the Election Tribunal gives a notice of postponement at its own instance, a copy of the notice shall be sent by the Registrar by registered post or messenger to the address for service given by the petitioner and to the address for service if any, given by the respondent.
(5) The provisions of Section 30 of this Law shall apply to an order or a notice of postponement as they do to the notice of hearing.
34. Non-arrival of Chairman of Tribunal
If the Chairman of the Election Tribunal has not arrived at the appointed time for the hearing or at the time to which the hearing has been postponed, the hearing shall by reason of that fact stand adjourned to the following day and so from day to day.
35. Hearing to continue from day to day
(1) No formal adjournment of the Election Tribunal for the hearing of election petition shall be necessary, but the hearing is to be deemed adjourned and may be continued from day to day until the hearing is concluded unless the Election Tribunal otherwise directs.
(2) If the Chairman who begins the hearing of an election petition is disabled by illness or otherwise, it may be recommenced and concluded by another Chairman appointed by the Chief Judge.
36. Adjournment of hearing
(1) After the hearing of an election petition has begun, if the inquiry cannot be continued on the ensuing day or, if that day is a Sunday or a public holiday, on the day following the same, the hearing shall not be adjourned sine die but to a definite day to be announced before the rising of the Election Tribunal, and notice of the day to which the hearing is adjourned shall forthwith be posted by the Registrar on the Tribunal notice board.
(2) The hearing may be continued on as Saturday or on a public holiday if circumstances dictate.
37. Powers of the Chairman of Tribunal
(1) All interlocutory questions and matters shall be heard and disposed of before the Chairman who shall have control over the proceedings as a Judge in the ordinary proceedings of the High Court.
(2) After the hearing of the election petition is concluded, if the Tribunal before which it was heard has prepared its judgment but the Chairman is unable to deliver it due to illness or any other cause, the judgment may be delivered by one of the members, and the judgment as delivered shall be the judgment of the Tribunal, and the member shall certify the decision of the Tribunal and notify the Commission.
38. Effect of determination
(1) At the conclusion of the hearing, the Election Tribunal shall determine whether a person whose election or return is complained of or any other person, was duly returned or elected, or whether the election was void, and shall certify the determination and notify the Commission.
(2) If the Election Tribunal has determined that the election is invalid, then, subject to section 11 of this Law where there is an appeal and the appeal fails, a new election shall be held by the Commission.
(3) Where a new election is to be held under the provisions of this section, the Commission shall appoint a date for the election which shall not be later than three months from the date of the determination. .
39. Withdrawal of abatement of petition
(1) An election petition shall not be withdrawn without leave of the Election Tribunal.
(2) Where there are more than one petitioners, no application for leave to withdraw the election petition shall be made except with the consent of all the petitioners.
(3) The application for leave to withdraw a petition shall be made by motion after notice of the application has been given to the respondents. [Form ET 006. Schedule.]
(4) The notice of motion shall state the grounds on which the motion to withdraw is based, supported with affidavit verifying the facts and reasons for withdrawal and signed by the petitioner or his solicitor in the presence of the Registrar.
(5) At the time of filing the notice of motion the petitioner shall leave copies for service on each respondent.
(6) The petitioner shall file the affidavits required under section 40 of this Law together with copies for each respondent and pay the requisite fees for service.
40. Affidavit against illegal terms of withdrawal
Before leave for withdrawal of an election petition is granted, each of the parties to the petition shall produce an affidavit stating that:
(a) to the best of the deponent’s knowledge and belief no agreement or term of any kind whatsoever has been made; and
(b) no undertaking has been entered into, in relation to the withdrawal of the petition; but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set out that agreement and shall make the foregoing statement subject to what appears from the affidavit.
41. Time for hearing motion for leave to withdraw
(1) The time for hearing the motion for leave to withdraw the petition shall be fixed by the Election Tribunal.
(2) The Registrar may give notice of the day fixed for the hearing of the motion to the respondents and post or cause to be posted on the Tribunal’s notice board a copy of the notice with a note stating the time fixed for the hearing.
42. Respondents costs
If the election petition is withdrawn, the petitioner shall be liable to pay appropriate costs to the respondents or any one of them unless the Election Tribunal otherwise orders.
43. Abatement on death
(1) If a sole petitioner or the survivor of several petitioners dies then, subject to subsections (2) and (3) of this Section, there shall be no further proceedings on the election petition and the Election Tribunal may strike it off its cause list.
(2) The death of a petitioner shall not affect his liability for the payment of costs previously incurred in the course of proceedings in respect of the election petition prior to its abatement.
(3) Where notice, with copies for each party to the election petition supported by the affidavit of two witnesses testifying to the death of a sole petitioner or of the survivor of several petitioners, is given to the Registrar, he shall submit the notice to the Election Tribunal, and if the Election Tribunal so directs, the Registrar shall:
(a) give notice thereof to the other parties;
(b) post or cause the notice to be posted on the Tribunal’s notice board; and
(c) cause the notice to the published in conspicuous places in the Local Government Area in such form as the Election Tribunal may direct.
44. Respondent not opposing petition
(1) If before the hearing of an election petition, a respondent, other than the electoral officer, the returning officer or presiding officer, gives to the Election Tribunal notice in writing signed by him or his solicitor before the Registrar that he does not intend to oppose the election petition, the Registrar shall:
(a) give notice thereof to the other parties; and
(b) post or cause the notice to be posted on the Tribunal’s notice board.
(2) The respondent shall file the notice with a copy for each other party to the election petition not less than six (6) days before the day appointed for hearing the election petition.
(3) A respondent who has given notice of his intention not to oppose the petitions shall not appear or act as a party against the election petition in any proceeding on it, but the giving of the notice shall not of itself cause him to cease to be a respondent.
45. Cancellation of hearing notice
(1) Where a notice of:
(a) the petitioner’s intention to apply for leave to withdraw an election petition; or
(b) the death of the sole petitioner or the survivor of several petitioners; or
(c) the respondent’s intention not to oppose an election petition is received after notice of hearing of the election petition has been given, and before the hearing has begun, the Registrar shall immediately cancel the notice of hearing.
(2) The notice of cancellation shall be given in the same manner or, as near as may be, as the notice of hearing.
46. Discretion of Tribunal if no reply
Where the respondent has not entered an appearance, or has not filed his reply within the prescribed time or within such time as the Election Tribunal may have allowed, or has given notice that he does not intend to oppose the petition, then if:
(a) there remains no more than one other candidate in the election who was returned; or
(b) the election petition contains no prayer for determination that the election was void; or
(c) there are no facts or grounds stated in the election petition or in the reply, if any, or stated in any further particulars filed in the proceedings or otherwise appearing on proof of which it ought to be determined that the election was void;
(d) the Election Tribunal may, if it thinks fit, determine the proceedings on the election petition without hearing evidence or further evidence and in any case the proceedings shall be determined on such evidence or otherwise as the Election Tribunal may deem necessary for the full and proper determination of the election petition.
47. Fees
(1) The fee payable on the presentation of an election petition shall not be less than ₦10,000.0(Ten Thousand Naira).
(2) A hearing fee shall be payable for the hearing at the rate of One Hundred Naira (₦100.00) per day of the hearing but not exceeding Three Thousand Naira (₦3,000.00) in all, but the Election Tribunal may direct a lower fee to be charged for any day of the hearing.
(3) For the purpose of this section, the petitioner shall make a deposit of Five Thousand Naira (₦5,000.00) at the time of presenting his petition.
(4) Subject to the provision of this section, the fees payable in connection with an election petition shall be at the rate prescribed for civil proceedings in the High Court of the State in which the petition is presented.
(5) No fees shall be payable by the Attorney-General of the State (acting in person or through any other Legal Officer) or by a respondent who was the electoral officer, returning officer, supervisor or presiding officer at the election.
(6) No fees shall be payable for the summoning of witnesses summoned by the Election Tribunal at its own instance:-
(7) A charge payable for the service of subponea on a witness may be paid by the Registrar in the same way as a State witness expenses.
48. Allocation of costs
All costs, charges and expenses of and incidental to the presentation of an election petition and to the proceedings consequent thereon, with the exception of such as are otherwise, provider for, shall be defrayed by the parties to the election petition in such manner and in such proportions as the Election Tribunal may determine, having regard to:
(a) the disallowance of any costs, charges or expenses which may in the opinion of the Election Tribunal have been caused by vexatious conduct, unfounded allegation or unfounded objection on the part of the petitioner or of the respondent; and
(b) the discouragement of any needless expenses by throwing the burden of defraying the expenses on the party by whom it has been caused, whether that party is or is not on the whole successful.
49. Return of security
Money deposited as security shall, when no longer needed as security for costs, charged, or expenses, be returned to the person in whose name it is deposited or to the person entitled to receive it by order of the Election Tribunal, which may be made on motion after notice and proof that all just claims have been satisfied or otherwise sufficiently provided for the Election Tribunal may require.
50. Payment of costs out of security
(1) The Election Tribunal may, on application made by a person to whom any cost, charge or expense is payable, order it to be paid out of a deposit made to secure it after notice to the party by or on whose behalf the deposit was made requiring him to file a statement within a specified time whether he opposes the application and the ground of his opposition.
(2) Where a dispute arise on an application under subsection (1) of this Section, the Election Tribunal shall afford every person affected by it an opportunity of being heard and make such order as it may deem fit.
(3) A person shall be deemed to have been afforded such opportunity if notice of the time appointed for the inquiry into the dispute was given to him, though the person may not have been present at the making of the inquiry.
(4) A notice to be given to a person under this section may be given by the Registrar handing him the notice or sending it to him by registered post:
(a) in the case of a party, at the address for service;
(b) in the case of an application for payment, at the address given in his application, so however, that the provisions of this subsection shall not preclude the giving of notice in any other manner in which notice may be given or which may be authorised by the Election Tribunal.
(5) Execution may be levied under an order for payment made by the Election Tribunal under this section in the same manner and to the same extent as execution may be levied under a judgment for the payment of money.
51. Calling of witnesses
(1) On the hearing of an election petition, the Election Tribunal may summon a person as a witness who appears to the Election Tribunal to have been concerned in the election.
(2) The Election Tribunal may examine a witness so summoned or any other person in the Election Tribunal although the witness or person is not called and examined by a party to the election petition, and thereafter he may be cross-examined by or on behalf of the petitioner and the respondent.
(3) The expenses of a witness called by the Election Tribunal at its own instance shall, unless the Election Tribunal otherwise orders, be deemed to be costs of the election petition and may, if the Election Tribunal so direct, be paid in the first instance by the Registrar in the same way as State witness’ expenses an recovered in such manner as the Election Tribunal may direct.
(4) Where the Election Tribunal summons a person as a witness under this section the provisions of the relevant Civil Procedure Rules relating to the expenses of persons ordered to attend a hearing shall apply.
(5) The Election Tribunal shall:
(a) in making and carrying into effect an order for the production and inspection of documents used in the election and relating to the way in which the votes of particular persons were given; and
(b) in the examination of any witness who produces or will produce a document, ensure that the way in which the vote of a particular person has been given shall not be disclosed until it has proved that the vote was given and the vote has been declared by the election Tribunal to be invalid.
52. Privilege
(1) A person called as a witness in a proceeding in the Election Tribunal shall not be excused from answering a question relating to an offence at or in connection with an election on the grounds that the answer thereon may incriminate or tend to incriminate himself, or on the ground of privilege.
(2) A witness who answers truly all questions which he is required by the Election Tribunal to answer shall be entitled to receive a certificate of indemnity under the hand of the Chairman of the Election Tribunal stating that the witness has so answered.
(3) An answer by a person to a question before the Election Tribunal shall not, except in the case of a criminal proceeding for perjury in respect of the answer, be admissible in any proceeding, civil or criminal, in evidence against him.
(4) When a person has received a certificate of indemnity in relation to an election and legal proceedings are at any time brought against him for an offence against the provisions of this Law committed by him prior to the date of the certificate at or in relation to the election, the Election Tribunal having cognisance of the case shall, on proof of the certificate, stay the proceeding and may, at its discretion, award to that person such costs as he may have been put to in the proceeding.
53. Evidence by respondent
On the hearing of an election petition complaining of an undue return and claiming the seat for some person, the respondent may, subject to the provisions of Section 23(2) of this Law, give evidence to prove that the election of that person was undue in the same manner as if he had presented an election petition complaining of the election.
54. Enlargement and abridgement of time
(1) The Tribunal shall have power, subject to the provisions of Section 2(2) and Section 27 of this Law, to enlarge the time for doing any act or taking any proceeding on such terms as the justice of the case may require.
(2) An enlargement may be ordered although the application for the enlargement is not made until after the expiration of the time appointed or allowed.
(3) When the time for delivering a pleading or document or filing any affidavit, answer or document, or doing any act is or has been fixed or limited by any of the sections of this Law or by a direction or an order of the Election Tribunal, the costs of an application to extend the time or of an order made thereon shall be borne by the party making the application, unless the Election Tribunal shall otherwise order.
(4) Every application for enlargement or abridgement of time shall be supported by affidavit.
(5) An application for abridgement of time may be made ex parte, but the Election Tribunal may require notice of the application to be given to the other party.
(6) An application for enlargement of time shall be made by motion after notice to the other party but the Election Tribunal may, for good cause shown by affidavit or otherwise dispense with the notice.
(7) A copy of an order made for enlargement or abridgement of time shall be filed or delivered together with any document filed or delivered by virtue of the order.
55. Service of notice
(1) Where a summons, notice or document, other than a notice or document mentioned in Section 20 (1) of the Law, is required to be served on a person for a purpose connected with an election petition, it may be served by delivering it to the person or by leaving it at his last known place of abode in the Local Government Area with any person who is a resident of the abode and appears to be eighteen (18) years of age or more.
(2) After a party has given an address for service it shall be sufficient if, in lieu of serving him personally with a document intended for him, the document is served-
(a) on the person appearing on the paper last filed on his behalf as his solicitor wherever the person may be found or, if the person is not found at his office, on the clerk who appears to be apparently in charge.
(b) on the person named as occupier in his address for service wherever the person may be found or, if the person is not found at the address, on:
(i) any person who appears to be apparently in charge, if such address is a place of business; or
(ii) a person, other than a domestic servant, who is a resident of the address and appears to be eighteen (18) years or more.
(3) A party may change his address for service by giving notice of his new address for service and its occupier to the Registrar and to each party, but until a notice received by the Registrar, his old address for service shall continue to be his address for service.
(4) Where service by one of the modes specified in this section has proved impracticable, the Election Tribunal may, on being satisfied, on an application supported by an affidavit showing what has been done, that all reasonable efforts have been made to effect service:
(a) order that service be effected in any of the ways mentioned in the provisions of the Civil Procedure Rules relating to substituted service which service shall be sufficient; or
(b) dispense with service or notices as the Election Tribunal may think fit.
56. Two or more candidates as respondents
Two or more candidates may be made respondents to the same petition and their case may for the sake of convenience be heard at the same time, but for all purposes (include the taking of security) the petition shall be deemed to be a separate petition against each respondent.
57. Consolidation of multiple petitions
Where two or more petitions are presented in relation to the same election or return, all the petitions shall be consolidated, considered and dealt with as one petition unless the Election Tribunal shall otherwise direct, or an objection in limine against one or more of the petitions has been upheld by the Election Tribunal.
58. Non-opposition to petition
(1) Where an election petition complains of the conduct of an election officer, a presiding officer, returning officer or any other official of the Commission, he shall for all purposes be deemed to be a respondent, but an electoral officer, a presiding officer or returning officer shall not be at liberty to decline from opposing the petition except with the written consent of the Attorney-General of the State.
(2) if consent is withheld by the Attorney-General under subsection (1) of this Section, the State Government shall indemnify the electoral officer, presiding officer or returning officer against any award of costs made against him by the Election Tribunal on the hearing of the election petition.
(3) Where an electoral officer, presiding officer, returning officer or any other official of the Commission is, or is deemed to be, a respondent to a petition, the Attorney-General of the State (acting in person or through any of his legal officers), or a legal practitioner nominated by the Commission or a legal officer of the Commission shall represent such electoral officer, presiding officer, returning officer or other official of the Commission.
59. Duplicate of documents used in proceedings
In the absence of express provision for the returning of copies of duplicates of documents filed or used in connection with any step taken in the proceeding, the party taking the step shall, unless the Registrar otherwise directs, leave with the Registrar a duplicate of every document for each of the other parties and three other duplicates.
60. Non-compliance with rules etc.
(1) Non-compliance with any of the provisions of this Law, or with a rule of practice for the time being in force, shall not render any proceeding void, unless the Election Tribunal shall so direct, but the proceeding may be set aside wholly or in part as irregular, or amended; or otherwise dealt with in such manner and on such terms as the Election Tribunal shall think fit and just to ensure substantial justice.
(2) No application to set aside a proceeding for irregularity shall be allowed unless made within a reasonable time, or the party applying has not taken any fresh step after knowledge of the irregularity.
(3) Where an application is made to set aside a proceeding for irregularity, the section intended to be relied on shall be stated in the notice of motion.
(4) No objection shall be made that certified copy has been used instead of a duplicate or a duplicate instead of a certified copy.
(5) An election petition shall not be defeated by an objection merely as to form, unless the objection is as to the competence of the petition.
61. Application of Rules of Court
(1) Subject to the express provisions of this Law, the practice and procedure of the Tribunal in relation to an election petition shall be assimilated as nearly as may be to the practice and procedure of the High Court in the exercise of its civil jurisdiction, and the Civil Procedure Rules shall apply with such modifications as may be necessary to render them conveniently applicable, as if the petitioner and the respondent were respectively the plaintiff and the defendant in a civil action, regard being had to the need for urgency on electoral matters.
(2) Subject to the provisions of this Law, an appeal to the Election Appeals Tribunal shall be determined in accordance with the practice and procedure relating to appeals in civil cases in the Court of Appeal.
62. Interpretation
In this Law, unless the context otherwise requires:
“Attorney-General” means the Attorney-General of the State;
“Civil Procedures Rules” means the High Court (Civil Procedure) Rules, or Rules of Court amending or replacing those Rules in the State;
“Commission” means the Lagos State Independent Electoral Commission;
“Member of a Local Government Council” means the Chairman, Vice Chairman or a Councilor elected for a local Government Area or a Local Government Area”;
“Polling Station” includes a polling unit;
“Register of Voters” in relation to a ward means the list of voters registered and eligible to vote in an election the ward;
“Registrar” includes the senior clerk in the Tribunal’s registry;
“Registry” means a registry of the Local Government Election Tribunal;
“Tribunal” means an Election Tribunal or an Election Appeal Tribunal;
“Tribunal Notice Board” includes a notice board at the registry, and a notice board at the place of hearing;
“State” means Lagos-State of Nigeria.
63. Citation and commencement
This Law may be cited as the Local Government Election Tribunal Law, and shall come into force on 8th day of October 2008
SCHEDULE
Form ET 001 Section 16
RECEIPT OF PETITION
IN THE LOCAL GOVERNMENT ELECTION TRIBUNAL OF LAGOS STATE
HOLDEN AT ………………………………………………………………………………….
BETWEEN: PETITION No…………………………………………
……………………………
Petitioner(s)
…………………………………
and
……………………………..
Respondent(s)
Received on the ………………… day of ……………………………… 20 ………… at the registry of the ………………………………………. Local Government Election Tribunal, a petition touching the election of ………………………………………………… as Chairman/Councilor of
……………………………………………………………………………………. purporting to be signed by (insert name of petition)
Dated at …………………… this ………………… day of ……………………………. 20 ……………..
…………………………….
Registrar
For Service on:
Form ET 002
PETITION
IN THE LOCAL GOVERNMENT ELECTION TRIBUNAL OF LAGOS STATE
Section 17 (7)
The Election to the ……………………………………………………………. Local Government Council for the ……………………………………………………………………….. Ward/Local Government Area held on the ………………………. day of …………………………………….
Between
……………………………
Petitioner(s)
……………………………
and
…………………………….
Respondent(s)
……………………………………
The petition of A.B. of ………………………………………………………………………. (or of A.B. of ……………………………………. and C.D. of …………………………………………………… or as the case may be) whose names are subscribed.
1. Your petitioner A.B. is a person who voted (or had a right to vote, as the case may be) at the above election (or claims to have had a right to be returned or elected at the above election) or was a candidate at the above election, and your petitioner C.D. (here state in like manner the right of each petitioner) …………………………………………………………………………………………………………….
2. And your petitioner(s) state(s) that the election was held on the ………………….. day of ……………………………….. when A. B. (and C.D.) and E. F. (and G. H.) were candidates.
3.
And your petitioner(s) state(s) that
(here state facts and grounds on which the petitioner(s) reply).
………………………………………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………………………………………..
WHEREFORE your petitioner(s) pray(s) that it may be determined that the said E.F. (and G.H.) was (were) not duly elected (or returned) and that the (or his) election was void or that the said A.B. (and C.D.) was (were) elected and ought to have been returned, or as the case may be.
Signed : …………………………………. AB.
···················································· C.D.
addresses for service within the Judicial Division …………………………………….…………………………………………………………………….
The name (of my or our) Solicitor is ……………………………………………………………………….. or I (or we) am (or we) acting for myself (or ourselves.)
Signed: …………………………………. AB.
……………………………………………. C.D.
Signed before me this ………………….. day of ………………………………….. 20 ……………….
………………………………………..
Registrar
Form ET 003 Section 20 (1)
NOTICE OF PRESENTATION OF PETITION
IN THE LOCAL GOVERNMENT ELECTION TRIBUNAL OF LAGOS STATE
HOLDEN AT ………………………………………………………………………………….
BETWEEN: PETITION No…………………………………………
…………………………………………….
Petitioner(s)
……………………………………….
and
………………………………..
Respondent(s)
……………………………………….
To: Respondents(s)
Take notice that a petition, a duplicate whereof is attached hereto, has this day been presented in the registry of the Tribunal named above and that you are to enter an appearance in respect of the petition to the said registry within …………………… days of the date when this notice is left at your address set out below, or as the Tribunal may direct by order under section 21 (2) of the Local Government Election Tribunal Law, otherwise proceedings on the petition may be continued and determined in default of your appearance, and any document intended for you may be posted up on the Tribunal Notice Board, which shall be sufficient notice thereof.
Dated at …………………… this ………………… day of …………………………. 20 ………………
………………………………………………………..
Registrar
To:
…………………………………………………………………..
………………………………………………………………………………………………..
………………………………………………………………………………………………….
Form ET004 Section 22(3)
MEMORANDUM OF APPEARANCE
IN THE LOCAL GOVERNMENT ELECTION TRIBUNAL OF LAGOS STATE
HOLDEN AT ………………………………………………………………………………….
BETWEEN: PETITION No…………………………………………
…………………………………………
Petitioner(s)
………………………………………….
and
……………………………………
Respondent(s)
………………………………………….
To: The Registrar,
………………………………………………………………………. Local Government Election Tribunal Please enter appearance for ………………………………………………………………………………. who is …………………………………………………………………………………………………………… in the above election petition
The name
and address of his Solicitor are as follows:
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
Dated at …………………… this ………………… day of ………………………….. 20 ………………
…………………………………………..
Signed
For Service on:
………………………………………………..
………………………………………………..
………………………………………………..
Form ET005 Section 30(I)
NOTICE OF HEARING
IN THE LOCAL GOVERNMENT ELECTION TRIBUNAL OF LAGOS STATE
HOLDEN AT ………………………………………………………………………………….
BETWEEN: PETITION No…………………………………………
……………………………………..
Petitioner(s)
………………………………………
and
……………………………….
Respondent(s)
………………………………….
TAKE NOTICE that the above election petition will be held on ……………………………………… the ………………….. day of ………………………………………………………. 20 …………………………..
…………………………………..
Registrar
Address for Service:
………………………………………….
………………………………………….
………………………………………….
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
