Requirement to hold a hearing

Electoral Act 1968, 121

Trial of election petitions

The following provisions shall apply with respect to the trail of election petitions –

a.     Every election petition shall be tried in open court;

(b) the trial of election petitions may take place upon any day prescribed by any rule or order of court;

(C) notice of the time and place at which an election petition will be tried shall be given by the Registrar of the High Court to the parties concerned not less than 14 days before the day on which the trial is to be held;

(0) the High Court may adjourn the trial from time to time and from place to place;

(e) where, on the trial of an election petition praying the High Court to determine that some other person than the respondent is entitled to be declared duly elected in place of the respondent, it is proved that any person who voted for the respondent was bribed or treated or subjected to undue influence by the respondent or anyone on behalf of the respondent or that such person was guilty of personation or of an illegal practice or was not qualified as a voter at the election, the vote given for therespondent by such person shall be deducted from the total number of votes given for the respondent at the election;

(1)          at the conclusion of the trial of any election petition, the High Court shall determine whether the respondent was duly elected or whether any, and if so what, person other than the respondent was or is entitled to be declared duly elected;

(9) if the High Court determines that the respondent was duly elected, such election shall be and remain as valid as if no petition had been presented against it;

(h)        if the High Court determines that the respondent was not duly elected, but some other person was or is entitled to be declared duly elected the respondent shall forthwith be deemed to have vacated his seat, and the High Court shall forthwith certify itsdetermination to the Secretary and the Secretary shall thereupon by notice in the Gazette declare such other person duly elected;

(I)                if the High Court determines that the respondent was not duly elected and that no other person was or is entitled to be declared duly elected the seat of the respondent shall be deemed to be vacant and the High Court shall certify its determination to the President that a vacancy has occurred, the cause of such vacancy and the constituency in which such vacancy has occurred;

(i)         where, on the trial of an election petition, the High Court determines that the respondent was not duly elected and is of opinion, having regard to the circumstances,that it would be just and reasonable to relieve any party to the action from all or a portion of the costs thereof, then‑

(i)if the High Court finds that the election of the respondent was due to a mistake or improper performance or failure of performance of any function bona fide made by any officer, it may, after sufficient notice to the Director of Public Prosecutions to showcause to the contrary, make such order as to the payment by the State of the costs of the action or portion thereof, as it may deem fit;

http://aceproject.org/regions-en/eisa/BW/Electoral%20Act%201968.pdf