There is also no doubt that in order to determine what the cause or reason for which the party seeking relief has come to the Court, regard must be had to that party’s pleadings, particularly the statement of claim. It is from there that the Court will be properly guided as to what set of facts the party is presenting as grounding his claim, the applicable principles of law and the legal remedy the party is seeking.
– Tukur JCA. Odulate v. FBN (2019)
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It must be noted, too, that under Section 131 of the 1999 Constitution of this country, there are as many as four different qualifications a person must possess before he can contest presidential election and another 10 different grounds that can disqualify such a candidate who has all the four qualifications of section 131. Therefore, an assertion that merely says that a person is not qualified to contest election by reason of non qualification, will leave not just the person so assailed but every other person involved, including the court, at a loss as to what the pleader has in mind. In fact, to allow such pleading will amount to upsetting the very essence of filing pleadings in a case, which is to give the adversary and the court a clear notice of the pleader’s case a point further fortified in Paragraph 16(1)(a) of the First Schedule to the Electoral Act 2022.
— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)
Nnaemeka-Agu, JSC, in ATANDA V. AJANI (1989) 3 NWLR (Pt. 111) 511 @ 546 put that point across most forcefully when he said that: “It appears to me that the rule which required every fact upon which a party intends to rely at the hearing to be pleaded goes to the fundamentals ofjustice. For no one can defend the unknown. If one has to defend or counter a fact made by his adversary, the one must have due notice ofthat fact to enable him prepare for his defence. That is the very essence of pleading. As it goes to the very root of the rule of audi alteram partem one of the twin pillars of justice — it would be a misconception to describe it as mere technicality or irregularity. It is a matter which cannot, therefore, be waived. Indeed, by a long line of decided cases, it has been long settled that any evidence on a fact that ought to have been pleaded, but is not, goes to no issue at all at the trial and ought to be disregarded.”
I have to state from the onset that it is settled law that issues for trial are joined in the pleadings and that parties and indeed the court are bound by the pleadings of the parties.
— Onnoghen, JSC. Kubor v. Dickson (2012) – SC.369/2012
The primary purpose of pleadings is to prepare the minds of the parties and the Court to know the case to be presented at the trial by each party, and to define and delimit with clarity and precision the real matters in controversy between the parties upon which to prepare and present their respective cases. It is designed to bring the parties to an issue upon which the Court will adjudicate between them. See Kyari v. Alkali (2001) 11 NWLR (Pt.724) 412 at 433-434 paras. H-A. It is therefore of utmost importance that both parties be comprehensive and accurate in their pleadings. In that regard, a plaintiff’s averment of facts must be met by the defendant frontally and categorically. The essential averments in the statement of claim should be specifically traversed. In order to raise any issue of fact, there must be a proper traverse; and a traverse must be made either by a clear denial or non-admission, either expressly or by necessary implication. A denial of a very material allegation of fact must not be general or evasive, but specific. Therefore, every allegation of fact, if not denied specifically or by necessary implication shall be taken as admitted and established. Putting it in a different way, where a party fails to join issues on material averments, he is deemed to have conceded the points made in those averments. They are deemed admitted and need no further proof to establish the facts contained in the pleading. See Ekperanisho v. Aloko (2015) 14 NWLR (Pt.1475) 153; Salzgitter Stahi GMBH v. Tanji Dosunmu Industries Ltd. (2010) NSCQR 1085 (2010) 11 NWLR (Pt.1206) 589. See Ekwealor v. Obasi (1990) 2 NWLR (Pt.131) 231 at 251, Oshodi v. Eyifunmi (2000) 13 NWLR (Pt.654) 298 at 337.
— T. Akomolafe-Wilson, JCA. Alabi v Audu (2017) – CA/A/494/2014
It is a trite and a resonated principle of our legal jurisprudence, that you plead material facts and not the evidence to be relied upon and the evidence to be relied upon can be tendered in support of those facts.
— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)
With due deference to learned counsel for the appellants, the aim of amending pleadings in general is to enable the court to decide the rights of the parties, and not to punish them for mistakes made in the conduct of their cases by deciding otherwise than in accordance with their rights. The age of technicalities is now history. Substantial justice is the order of the day. So it is either you get moving on the train of justice or you get left behind, with the necklace of technicalities wrapped around your neck to keep you warm company or, on the other hand, to choke you.
– SANKEY, J.C.A, Awure v. Iledu (2007)
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