A CASE REVIEW OF APC VS. BASHIR SHERIFF ON THE MODE OF COMMENCING PRE-ELECTION MATTERS: ELEVATING TECHNICALITY OVER SUBSTANTIVE JUSTICE IN NIGERIA

Abstract

Commencement of civil actions in the High Court is regulated by procedural rules of court. The rules often lay down conditions or circumstances where a particular mode may be adopted. Where the rules or any other law has provided for a specific procedural mode, such mode must be complied with to avoid attracting penal consequences. The sanction could either be dismissal or striking out of the action. The objective of this research is to review the decision of the Nigerian Supreme Court in the case of APC vs Sheriff in view of the sole mode of commencing pre-election matters. It also aims at ascertaining the relevance of the Practice Direction issued by the court and the consequences of non-compliance. This work adopted the doctrinal research methodology. It was discovered that the judgment does not comply with the Practice Direction in the pre-election matter at hand. This research recommends that the courts should strictly adhere to the practice and procedure enshrined in the Practice Direction with regard to the mode of commencing a pre-election matter. It further recommended that the Practice Direction should be amended to accommodate other modes of commencing a pre-election matter to avoid unpleasant appellate surprises.