ELECTION LAW — Severance of Pleadings — Unattainted Paragraphs Cannot Sustain Petition Where Criminal Allegations Abandoned
Ratio Decidendi
Per Ngwuta, JSC (quoting the court below), in CPC v. INEC & Ors (2011) NLC-123-426-2011(SC) at p. 66; Paras B—C:
"If a surgical operation is to be carried out of the Petitioner's pleading, the only averments that are devoid of any criminal allegations would be paragraphs 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28(iii)(v)(vii), 29, 35, 37 and 39. These seemingly untainted paragraphs cannot sustain the Petition."
Explanation / Scope
This principle establishes that where criminal allegations in a petition are abandoned, the remaining untainted paragraphs cannot sustain the petition. The principle applies in election petitions involving criminal allegations. It ensures that petitions are not sustained on insufficient averments. The principle reflects the need for substantial pleadings. It prevents reliance on untainted paragraphs. The court must dismiss the petition. The principle provides guidance on election petitions.