Ratio Decidendi

Per Muntaka-Coomassie, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 40; Paras A–B:

"If a party does not apply as provided in paragraph (1) of this paragraph, he shall be taken to require no further particulars or other direction and the party shall be barred from so applying after the period laid down in paragraph (1) of this paragraph has lapsed."
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Explanation / Scope

This principle establishes that failure to apply for further particulars within the prescribed period bars the party from doing so later. The party is deemed to require no further particulars. The principle applies in election petitions where pleadings are challenged. It ensures that applications for particulars are timely. The principle reflects the Electoral Act. It prevents late applications. The court must enforce the time limit. The principle provides guidance on applications for particulars.

Cases Applying This Principle

Dr. Arthur Agwuncha Nwankwo & Ors v. Alhaji Umaru Yar'Adua & Ors