ELECTION LAW — Preliminary Objection — Whether Can Be Heard Outside Pre-Hearing Session — Paragraph 6(1) of Practice Directions 2007
Ratio Decidendi
Per Onnoghen, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 13; Paras A–B:
"It is very clear that an election tribunal or court can only hear motions and/or objections on point of law at the pre-hearing session not when it sits as a tribunal or court to hear or try election petitions."
Explanation / Scope
This principle establishes that motions and objections on points of law can only be heard at the pre-hearing session, not during the trial of election petitions. The principle applies in election petitions. It ensures that procedural issues are resolved before trial. The principle reflects the Practice Directions. It prevents interruptions during trial. The court must hear objections at pre-hearing. The principle guides the timing of objections.