ELECTION LAW — Preliminary Objection — Mandatory Pre-Hearing Determination — Paragraph 6(1) of Election Tribunal Practice Directions 2007
Ratio Decidendi
Per Adekeye, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 51; Paras A–B:
"No motion shall be moved. All motions shall come up at the pre-hearing session except in extreme circumstances with leave of the tribunal or court."
Explanation / Scope
This principle establishes that motions must be heard at the pre-hearing session, not during the trial, except with leave in extreme circumstances. The principle applies in election petitions. It ensures that pre-hearing procedures are followed. The principle reflects the Practice Directions. It prevents motions from disrupting the trial. The court must require compliance. The principle provides guidance on the timing of motions.