Phillips Law

32. Amendment of section 171 of Cap.2:13

Section  171 (Provisions as to trial of election petition”) of the principal Act is amended-

(a)      by the insertion after subsection (1) of the following subsection-

“(1a)  If on the trial of an election petition a dispute of fact arises that cannot be resolved on the papers, the Court shall attempt to resolve the dispute by the hearing of oral evidence without referring the matter for trial as an action, and for that purpose the court-

(a)      may permit the parties to call and examine witnesses; and

(b)      may itself call and examine witnesses;

whether or not the witnesses have deposed to affidavits filed in the proceedings.”;

 

(b)    in subsection (6) by the deletion of “by the President of the Senate or the Speaker, as the case may be, to Parliament” and the substitution of “to the Senate by the President of the Senate or to the National  Assembly by the Speaker, as the case may be”;

 

(c)   by the insertion after subsection (8) of the following subsection-

“(9) Except as otherwise provided in this Act, the procedure to be followed in regard to election petitions, including-

(a)     the provision of security for costs; and

(b)      the Court’s  power to condone late filing;

shall  be the procedure  applicable to court applications  in the High Court.”.