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PLEADINGS MUST BE SUFFICIENTLY SPECIFIC AND COMPREHENSIVE TO ELICIT NECESSARY ANSWER

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✓ In BELGORE v AHMED (2013) 8 NWLR (Pt. 1355) 60 at 95 – 96, the complaint against the averments in the petition was that they were unspecific, generic, speculative, vague, unreferable, omnibus and general in terms. In that case the Apex Court specifically held as follows: “Pleadings in an action are the written statements of the parties wherein they set forth the summary of the material facts on which each relied in proof of his claim or his defence as the case may be and by means of which the real matters was (sic) controversy between the parties and to be adjudicated upon are clearly identified. Although only material facts are required to be pleaded and in a summary form, they must nevertheless be sufficiently specific and comprehensive to elicit the necessary answers from the opponent. See Ashiru Noibi v. Fikolati & Ors (1987) 3 SC 105 at 119, (1987) 1 NWLR (Pt. 52) 629 and Omorhirihi v. Enetevwere (1988) 1 NWLR (Pt. 73) 746. They must contain such details as to eliminate any element of surprise to the opposing party. In this case where the dispute involves the election in as many as 895 polling units, the pleading in the petition which alleged electoral malpractices, non-compliance and/or offences in “some polling units”, “many polling units”, “most polling units” or “several polling units” cannot be said to have met the requirements of pleadings as stipulated in paragraph 4(1)(d) of the 1st Schedule to the Electoral Act and/or Order 13 Rules 4(1), 5 and 6(1) of the Federal High Court (Civil Procedure) Rules, 2009.”

✓ Also, in PDP v INEC & 3 ORS (2012) 7 NWLR (Pt. 1300) 538, the Apex Court, was also categorical when it held thus: “On whether the affected paragraphs were rightly struck out, I have read the affected paragraphs and found that they relate to allegations of non-voting in several polling points, disruption of election, non-conclusion of election, thumb-printing of ballot papers, falsification of election results, wide spread disruption, irregularities and malpractices without providing particulars or the polling units where the alleged malpractices took place. The lower court was therefore right when it held as follows: “The paragraphs above in my view are too generic, vague and lacking in any particulars as they are not tied specifically to any particular polling unit or any particular number of people who were alleged to be disenfranchised. The fact that a party can file further particulars or deny in a reply the averment in the pleading must not be general, it must be specific as to facts. It is settled law that a petitioner’s obligation to plead particulars of fraud or falsification without which the allegation is a non-starter.” I have nothing to add to this statement of law as advanced above, and I adopt it as mine.”

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ALLEGATIONS RAISED MUST BE SPECIFICALLY DENIED TO NOT CONSTITUTE ADMITTANCE

On the manner of denial that would be sufficient to raise an issue of dispute, this Court held, in the case of Nickok Best Intl Ltd v UBA (2018) LPELR – 45239 (CA) per Mohammed Lawal Garba JCA (as he then was) at Page 9 Para B-E: “Where vital and material fact/s in a party’s case are not so specifically, frontally and categorically denied and disputed, they are deemed admitted by the other party. Dosunmu v. Dada (2002) 13 NWLR (783), NNPC v. Sele (2004) 5 NWLR (866) 379, Jadcom Limited v. OgunsElectrs (2004) 3 NWLR (859) 153. In that regard, general, obtuse, indistinct, unspecific and evasive averments in respect of specific, crucial, positive and distinct facts are considered not enough and not effective controversion or traverse to raise an issue of dispute that would warrant proof in a case”.

— O. Adefope-Okojie, JCA. Kanu v FRN (2022) – CA/ABJ/CR/625/2022

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AVERMENTS IN PLEADINGS WITHOUT EVIDENCE TO SUBSTANTIATE ARE USELESS

Mere averments in pleadings, no matter how impressive they may be are useless if no evidence is led to prove them. Such averments in the pleadings unless, they are admitted, are regarded as mere suggestions of counsel and if they are not proved by evidence of witnesses are deemed to have been abandoned. [Adegbite v. Ogunfaolu (1990) 4 NW1,11 (Pt.146) 578; Balogun v. Amubikanhun (1985) 3 NWLR(Pt.11)27; Obmiami BrickAND Stone (Nig.) Ltd. v. A.C.B. Ltd. (1992) 3 NWLR (Pt.229) 260;Ayeniv. Sowemimo (1982) 5 SC 60; Idesoh v. Ordia (1997) 3 NWLR (Pt.491) 17 referred to].

— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92

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GENERAL TRAVERSE WILL BE THE APPOSITE WHERE PETITIONER/CLAIMANT PLEADINGS WHERE GENERAL IN NATURE ITSELF

per Ogunwumiju, JCA (as he then was, now JSC), held in UDEAGHA & ANOR v OMEGARA & ORS (2010) LPELR-3856(CA), as follows: “The argument of Appellants’ counsel that the Respondents did not adequately traverse the petition is unfounded. The petition itself contained general complaints. There was no effort to pinpoint in the pleadings the various places where corrupt practices, non voting, use of violence, thuggery, rigging in polling units, massive thumb-print of ballot papers, fictitious entry of election results took place. Therefore, there was a general corresponding reply denying the allegations in general terms from the Respondents. If the Petitioners did not plead particulars, how could the respondents traverse non-existent particulars? The averments in the Appellants’ pleadings should have contained details of the allegations and complaints to which the Respondents could reply in detail in their own pleadings. The Appellants expected the Respondents to reply to the various specific allegations contained in the witness statements filed along with the petition. That is not the correct procedure. Those specific allegations should have been in the pleadings. The pleadings must show the facts disputed while the witnesses would give evidence of these facts. In election petitions, it has been held that there is need for particulars where required in order to prevent taking adverse party by surprise. See Buhari v Obasanjo (2005) 7 SCNJ 1. It is not the function of particulars to take the place of necessary averments in pleadings. See Nwobodo v Onoh (1984) 1 SC 201…”

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PARTIES BOUND BY PLEADINGS – EVIDENCE NOT PLEADED

It is elementary law that parties are bound by their pleadings and facts not pleaded will go to no issue. In other words, evidence on facts not pleaded will not avail the party relying on the evidence.

– Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)

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PARTIES ARE BOUND BY THEIR PLEADINGS

It is trite law that parties are bound by their pleadings: See Obimiami Brick and Stone (Nig.) v. A.C.B. Ltd. (1992) 3 NWLR (Pt.229) 260. The essence of pleadings is to compel the parties to define accurately and precisely the issues upon which the case between them is to be fought to avoid element of surprise by either party. It also guides the parties not to give evidence outside the facts pleaded as evidence on a fact not pleaded goes to no issue – see Onwuka v. Omogui (1992) 3 NWLR (Pt.230) 393; Emegokwue v. Okadigbo (1973) 4 SC 113.

— Katsina-Alu JSC. Engineer Bayo Akinterinwa & Anor V. Cornelius Oladunjoye (SC.98/94, 7 April 2000)

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THE NATURE OF PLEADINGS – IMPORTANCE

In the case of Osondu Co Ltd. and Anor v. Akhigbe (1999) LPELR – 1433 (SC), the Supreme Court per Uwaifo, JSC, held as follows: “It must be realized that pleadings is a statement of candour as to what a party to a case relies on to prove or defend a cause. It ought to be made as clear as it possibly can, not evasive or misleading or ambiguous. Each party must endeavor to place and must be presumed to have placed, all necessary pleadable acts on record the best way it can in order to achieve the best of its case. It must put the other party and the Court on a firm understanding of what the issues joined or denied, or issues admitted or not admitted. Pleadings are the guiding light by which all concerned trace the path to the justice of a case. That path should not be hampered by and littered with stumbling blocks of uncertainties, misrepresentations and ambushes embedded in the averments. That will be an effort to spring surprises and will not be proper pleadings. As was said by Phillimore J., in The Why Not (1888) LR 2A and E. 265 and quoted with approval in Enwezor v. Central Bank of Nigeria (1976) 3 SC 45 at 56 Per Madarikan, JSC, pleadings “…are not to be considered as constituting a game of skill between the advocates. They ought to be so framed as not only to assist the party in the statement of his case but the Court in its investigation of the truth between the litigants.”

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