NIGERIAN ELECTION LAW CENTER – 4

OKASIA V. EJIKE OGUEBEGO & ORS.

ELECTORAL MATTERS – REVERSAL OF PRIMARIES OF A POLITICAL PARTY:- Whether Courts can reverse the result of primaries of a political party properly held during the pendency of a suit relating thereto

ELECTORAL MATTERS – JURISDICTION OF COURTS IN DOMESTIC AFFAIRS OF A POLITICAL PARTY:- Whether Courts have jurisdiction to dabble into the domestic affairs of a political party

OKEREKE V. NWEZE DAVID UMAHI & ORS.

ELECTION PETITION – ALLEGATION OF NON-COMPLIANCE WITH ELECTORAL ACT:- What a petitioner must prove where he alleges non-compliance with the Electoral Act

ELECTION PETITION – OVER-VOTING:- What is required of parties seeking to prove over-voting

ELECTION PETITION – CARD READER: Whether the use of a card reader machine supersedes the use of voter’s register – Function of card reader in an election

ELECTION PETITION – NON-COMPLIANCE WITH THE ELECTORAL ACT:- Section 146(1) now 139(1) of the Electoral Act – Proof that election was not conducted substantially in accordance with the provisions of the Act – Whether enough to elicit judicial nullification thereto – Whether must be shown clearly by evidence that the non-compliance has affected the result of the election

ELECTION PETITION – NON-COMPLIANCE WITH ELECTORAL LAWS AND IRREGULARITIES – ONUS OF PROOF:- On whom lay – Standard of – Need to go further to demonstrate also that the irregularities and non-compliance were substantial and did or could have affected the result of the election substantially to warrant its cancellation – Effect of failure thereto

OKWU & ANOR V. CHIEF VICTOR UMEH & ORS

ONIWARA B. IBRAHIM V. ISHOLA BALOGUN FULANI & ORS.

ELECTION PETITIONS – ELECTORAL ACT, ITS SCHEDULE AND FEDERAL HIGH COURT CIVIL PROCEDURE RULE:- Superiority of provisions of the Electoral Act over those of the Schedule and Rules of the Federal High Court – Legal implications for the resolution of perceived or actual conflict between provisions of the instruments

ELECTION PETITION – INTERPRETATION OF ELECTORAL ACT:- Interpretation Act – General Rule that the Interpretation Act apply to the construction of Acts of the National Assembly – Whether applies to the Electoral Act – When courts will make exceptions thereto

ELECTORAL MATTERS – SECTION 141 ELECTORAL ACT:- Interpretation of – Duty of court in the computation of the 30 days limitation for the presentation of election petition to commence running from the date of declaration of the election result

ELECTORAL MATTERS – INTERPRETATION OF “WITHIN” AND “FROM” IN SECTOON 141 OF THE ELECTORAL ACT, 2006:- Construction of in determining the proper when the 30 days stipulated thereunder begins to run

ONJEH DONALD & ANOR v. HASSAN ANTHONY SALEH & ORS.

ELECTION PETITIONS – JURISDICTION:- National Assembly Election Petition Tribunal – Jurisdiction to hear a matter – Decision of the Supreme Court on a Constitutional point relating thereto vis a vis decision of Court of Appeal on same point – Whether Tribunal duty bound to follow decision of the Supreme Court regardless of the fact that Court of Appeal is final appellate court for legislative election petitions – Whether material that Supreme Court decision did not exist at time Court of Appeal gave its decision or that Tribunal had been specifically ordered to give effect to decision of Court of Appeal before Supreme Court decision came out

ELECTION PETITIONS – JURISDICTION – POWER OF COURT: Limitation of time provided for an election petition to be conducted and decided under Section 285(6) of the Constitution – Whether by virtue of the provisions of Section 16 of the Court of Appeal Rules, the court has the power to extend the time

PATRICK AISOWIEREN & ANOR. V. PETER ONYEKWENEM IKEM & Ors

ELECTION PETITION:- Petition for declaration that an INEC declared winner of a Gubernatorial election was not duly elected and ought not to have been returned – Where said declared has been sworn in as Governor with the consequential enjoyment of immunity from prosecution and other civil suits – Competency of election petition

PEOPLES DEMOCRATIC PARTY (PDP) V. ARC. AUSTIN ASEMA ACHADO & ORS.

ELECTION PETITION – ABATEMENT OF ELECTION PETITION:- Where an election petition proceedings becomes abated due to effluxion of constitutionally prescribed period for conducting same – Effect of on outcome of election complained against – Whether an election result as announced remains valid until nullified by the order of a Court

ELECTION PETITION – THE PRESCRIBED TIME LIMIT:- Principle that the special provisions of section 285(6), (7) and (8) of the Constitution (as amended) are sui generis, in a class of their own and has provided the time frame within which election matters must be determined- Section 36(1) of the 1999 Constitution – Whether can be superimposed on the provisions of 285(6) of the 1999 on time limit prescribed for election petition – Proper treatment of

ELECTION LAW AND PETITIONS:- Jurisdiction of the Court of Appeal – Impact of section 285(7) of the Constitution thereon – Whether does not derogate from wide ranging power of Court of Appeal except as to limitation of period within which election petition may be conducted – Section 142 of the Electoral Act – Effect

ELECTION PETITION – ORDER OF RETRIAL:- Where Court of Appeal orders a retrial/trial de novo of an election petition outside of the constitution of the Constitutionally prescribed limitation period under Section 285(6) of the 1999 Constitution (as amended) – Validity of – Whether an order of re-trial does not move an election matter from the provisions of section 285(6) to section 36(1) of the Constitution – Legal implication

PEOPLES DEMOCRATIC PARTY V. DR. EMMANUEL ONWE & ORS.

ELECTORAL MATTERS – APPEALS ON PRE-ELECTORAL MATTERS:- Final jurisdiction over election matters pertaining to legislative houses election – Substitution of nominee for general elections – Distinction from pre-election matters relating thereto – Whether Supreme Court has jurisdiction over pre-election matters and not the election ones – Basis of

ELECTORAL MATTERS – PRE-ELECTION MATTERS: Proper court to initiate pre-election matters – Substitution of nominee for general election – Whether the proper court to initiate proceedings is the Federal High Court and not an Election Petition Tribunal – Legal effect

PEOPLES’ DEMOCRATIC PARTY V. OGUEBEGO & ORS

ELECTORAL MATTERS – JURISDICTION OF COURTS IN DOMESTIC AFFAIRS OF A POLITICAL PARTY:- Whether Courts have jurisdiction to dabble into the domestic affairs of a political party

PRINCE JOHN OKECHUKWU EMEKA V. LADY MARGERY OKADIGBO & ORS.

ELECTION LAW/MATTERS – PARTY PRIMARIES:- Subsection (9) of section 87 of the Electoral Act 2010 (as amended) – Interpretation – Whether a person who was not a candidate/aspirant at the primaries can come to the Court to complain about the conduct of the primaries

ELECTION LAW/MATTERS – PARTY PRIMARIES:- Whether an invalid primary conducted alongside a valid one is deemed at any time to constitute a parallel primary

ELECTION LAW/MATTERS – PARTY PRIMARIES:- People Democratic Party – Whether it is the National Executive Committee of PDP that is responsible for the conduct of the party’s National Assembly primaries – Whether valid primary for Senatorial Seat can only be conducted by the National Executive Committee – Whether a primary conducted by the State Chapter of the PDP towards a Senatorial Seat is not a primary but an illegal contraption that carries with it no rights

ELECTION LAW/MATTERS – NOMINATION/SPONSPORSHIP OF A CANDIDATE FOR AN ELECTION:- Whether within the domestic affairs of the political parties and the courts have no jurisdiction to nominate for a political party its candidate for any election – When courts are called upon to decide which of the contending candidates emerged from a primary – Input of the Party – whether is of paramount importance – Duty of political party concerned to strive to assist the court positively at all time in such proceedings

PRINCE SUNDAY BAMIDELE ADERONMU & ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

ELECTION PETITION – COURT – COMPETENCE OF COURT:- Rule that a Court is not only entitled but bound to put an end to the proceedings if at any stage and by any means it becomes manifest that they are incompetent – Duty of election t ostrike out proceedings that had exceeded the 180 days rule

ELECTION PETITION – JURISDICTION OF AN ELECTION TRIBUNAL:-     Jurisdiction of an election tribunal – Whether absolute vis-a-vis the provisions of section 285(1), (2), (6) (7) of the 1999 Constitution

ELECTION PETITION – JURISDICTION OF ELECTION TRIBUNALS:- Constitutional basis of the jurisdiction of election tribunals to hear petitions and of the Court of Appeal – Whether jurisdiction so conferred is circumscribed in relation to the time/period within which the said appeals must be heard and determined vide the provisions of Section 285(6)-(7) of the 1999 Constitution – Where a tribunal fails to comply with the above provisions as to period – Legal effect

ELECTORAL MATTERS – VALIDITY OF AN ELECTION:- Election result declared by the Independent National Electoral Commission – Sanctity of till nullified by an order of a competent tribunal – If, before such an order is made, the petition abates by effluxion of time – Legal effect

PROFESSOR DORA AKUNYILI & ANOR V. DR. CHRIS NWABUEZE NGIGE & ANOR.

ELECTION PETITION AND PROCEDURE – COURT – DUTY OF COURT – TIME LIMIT FOR ELECTION PROCEDDINGS:– Section 285(6) of the Constitution of the Federal Republic of Nigeria – Whether the Court of Appeal having regard to the mandatory provisions of the Constitution can order that a new election tribunal be constituted to hear a petition on the merit, after the mandatory one hundred and eighty (180) days prescribed by the constitution for hearing and determination of the petition from the date it was filed had lapsed, by effluxion of time – Where a tribunal fails to comply with the above provisions – Whether the jurisdiction to continue to entertain the petition lapses or becomes spent and cannot be extended by any court order however well intentioned

SENATOR JOY EMORDI V. HON. ALPHONSUS UBA IGEKE & ORS.

ELECTION LAW/PETITION:- Election into federal legislative offices – Petitions arising therefrom – Section 246(3) of the Constitution of the Federal Republic of Nigeria, 1999 – Finality of the decision of the Court of Appeal in respect of appeals arising from election petitions – Where two different panels of the Court of Appeal give two different but contradictory decisions – Whether same amounts to a civil matter which can proceed to the Supreme Court for resolution

SENATOR JULIUS ALIUCHA & ANOR V. CHIEF MARTIN NWANSCHO ELECHI & ORS.

ELECTION PETITION – PROOF OF PETITION:- Where a petitioner brings a petition on the ground of non-compliance with provisions of the Electoral Act, 2010 (as amended) –Whether a brilliant address can substitute for lack of evidence in proof of asserted issues – Duty of party who decides to rely on documents to prove his case – Effect of failure thereto

ELECTION PETITIONS – STANDARD OF PROOF:- Standard of proof in Election Petition trials – Where the petition is brought on grounds of criminal – Where the petition is brought on grounds of civil nature – Minimal proof – When can be entertained by the court and acted on positively – Whether a petitioner can succeed on the weakness of his opponent’s case

ELECTION PETITIONS – PROOF OF NON-COMPLIANCE:- Presumption that results declared by INEC are prima facie correct – Onus of rebuttal – On whom lies – What a complaint must prove to succeed

ELECTION PETITIONS – PROOF OF NON-COMPLIANCE:- Where a petitioner complains of non-compliance with Electoral Act, 2010 (as amended)– Onus of proof – On whom lies – Failure to prove that non-compliance was substantial – Effect

ELECTION PETITIONS – DECLARATORY RELIEFS:- Rule that in claims for declaratory reliefs the onus remains on the petitioners to prove and establish their claims on their own evidence – What a claimant must satisfy an Election Tribunal to succeed thereto

ELECTION PETITION – SECTION 135(1) and 139(1) OF THE ELECTORAL ACT, 2010 (AS AMENDED):- Purport of – Rule that an election shall not be invalidated by mere reason that it was not conducted substantially in accordance with the provisions of the Act – Requirement that the petitioners must not only assert but must satisfy the court that the non-compliance has so affected the election result to justify nullification – Whether S.135(1) derogates from the elementary evidential burden of the “person asserting must prove

SENATOR NKECHI JUSTINA NWAOGU V. HON. EMEKA ATUMA & ORS.

ELECTORAL MATTERS – JOINDER OF PARTIES – ELECTORATES/VOTERS:- Dispute between aspirants arising from primaries conducted by political parties – Whether right to vote at an election confers sufficient interest to be joined as a party to a dispute arising therefrom

ELECTION MATTERS – JOINDER OF PARTIES:- Whether a non-party member can be heard to complain against the nomination of a candidate to stand an election on the platform of a party to which he is not a member

ELECTORAL MATTERS – INTRA-PARTY NOMINATION OF CANDIDATE FOR GENERAL ELECTION:- “Section 87 (9) of the Electoral Act 2010 – Nature of an intra-party primate contest – Dispute arising therefrom – Need for a litigant to show “genuine and legally recognised interest” thereto – Effect of failure thereto

SENATOR RASHIDI ADEWOLU LADOJA V. INDEPENDENT NATIONAL ELECTORAL COMMSSION

ELECTION LAW AND PETITION – OVER-VOTING: What a Petitioner must do to prove over-voting – Need to 1. Tender the voters’ register.2. Tender the Statement of Result in the appropriate forms which would show the number of registered accredited voters and number of actual votes.3. Relate each of the documents to the specific area of his case in respect of which the documents are tendered.4. Show that the figure representing the over-voting if removed would result in victory for the petitioner

ELECTION AND POLICAL MATTERS/PETITION – OVER-VOTING: Duty of a petitioner who alleges over-voting – Need to lead concrete evidence to show that there was indeed over voting and that it inured to the winner of the contest – Onus to show the over-voting was in favour of the Respondent and that it was as a result of the over-voting that the 1st Respondent won the election – on whom lies

ELECTION LAW AND POLICAL MATTERS/PETITION – NON-COMPLIANCE WITH THE ELECTORAL ACT: Requirement of INEC observance of party congress, etc. – Duty to give 21 days notice – Effect of non-compliance with the provision of Section 85(4) of the Electoral Act – Where any party fails to give notice of its congress etc to INEC – Whether will forfeit the right to field a candidate who emanates from such congress – Punishment for non-compliance with the provision of Section 85 thereof as provided in Section 86(4) of the Act – Whether attracts fine on conviction and no more

ELECTION AND POLICAL MATTERS/PETITION – NON-COMPLIANCE WITH THE ELECTORAL ACT: Petition for corrupt practices or non compliance with the provisions of the Electoral Act – What a Petitioner must prove to succeed on this ground

ELECTION AND POLICAL MATTERS/PETITION – NON COMPLIANCE: Effect of non compliance with the requirement of Section 34 of the Electoral Act 2010 as amended – Duty of INEC to publish or cause to be displayed at its office, or on its website, a statement of the full names and addresses of all candidates standing nominated at least 30 days before the date of the election – Whether provision even though employing the word “shall” is not mandatory but discretionary – Whether effect is the same as the word may which is permissive – Whether publication of the name of a candidate cannot validate an otherwise invalid nomination and sponsorship of a candidate

ELECTION AND POLICAL MATTERS/PETITION -SELECTION/NOMINATION OF CANDIDATE: Where a political party conducts its primary and a dissatisfied contestant at the primary election complains about its conduct of the primaries – Jurisdiction of the Courts by virtue of the provision of Section 87(9) of the Electoral Act 2010 (as amended) to examine if the conduct of the primary was in accordance with the party’s Constitution and Guidelines – Justification for same – Courts will never allow a political part to act arbitrarily or as it likes – Need for political party to obey its Constitution.

ELECTION AND POLICAL MATTERS/PETITION –     NOMINATION/DISQUALIFICATION OF A CANDIDATE: Distinction between nomination of a candidate for an election on the one hand and qualification of a candidate for election on the other hand     – Constitutional basis for qualification as candidate for election as Governor – Sections 177 and 182 of the 1999 Constitution of the Federal Republic of Nigeria – Statutory basis for nomination of candidate for election as Governor – Sections 85 and 87 of the Electoral Act, 2010 (as amended) – Whether failure to comply with Sections 85 and 87 of the Electoral Act 2010 (as amended) is a disqualifying factor for a person duly nominated and sponsored by his political party to contest election as Governor of a State

ELECTION AND POLICAL MATTERS/PETITION – NOMINATION OF CANDIDATE: Section 87(8) or (9) or (10) of the Electoral Act, 2010 – Whether allows only an aspirant in the primary election conducted by the political party to question the result or nomination or declaration of any person by the party as the winner of the primary election and consequently the sponsored candidate of the Political party concerned in the election is issue – Whether no other person or member of the political party let alone a total stranger or a non-member of the political party concerned, has the locus to challenge or question the nomination of any candidate by a political party for any election

ELECTION AND POLICAL MATTERS/PETITION – PROVISIONS OF THE ELECTORAL ACT: Purpose of giving notice as contemplated by Section 85(4) of the Electoral Act 2010 (as amended) – Whether to notify the electoral body of the forthcoming primary election to be held by the political party and invite it to be present at the venue to watch, monitor or witness the event rather than to keep it unaware of that all important event

ELECTION AND POLICAL MATTERS/PETITION –   QUALIFICATION FOR ELECTION TO THE OFFICE OF GOVERNORSHIP OF A STATE: Section 177 and 182 of the Constitution – Qualification and disqualification of persons seeking election to the office of Governor of a State – Whether both the provision for qualification and that for disqualification are comprehensive and exhaustive – Whether does not leave room for any addition to those conditions already set out

ELECTION AND POLICAL MATTERS/PETITION –   DISQUALIFICATION: Qualification for office of Governor – Comprehensive and exhaustive provisions of the Constitution in relation thereto – Whether nothing outside of those constitutional prescriptions including the Electoral Act can succeed to disqualify a candidate sponsored by his political party

ELECTION AND POLICAL MATTERS/PETITION – PROVISIONS OF THE ELECTORAL ACT: Requirement for 21 days notice to be given to INEC by political parties for its congresses – Whether limited to nomination of candidates – Whether extends to such other purposes like election of members of its executive committees, or other governing bodies

ELECTION AND POLICAL MATTERS/PETITION – NOMINATION/SPONSORSHIP OF A CANDIDATE: Requirements of a valid nomination of a candidate of a political party for any election – Section 87 of the Electoral Act 2010, as amended – Need for the holding of a special congress in each of the local government areas of the states with delegates voting for each of the aspirants at a congress to be held in designated centres on specified dates – Need for the aspirant with the highest number of votes at the end of voting to be declared the winner of the primaries of the party and for his name to be forwarded to INEC as the candidate of the party concerned – Effect of failure thereto

ELECTION MATTERS:- Dispute as to the rightful candidate of a political party for a Governorship general election – Matters arising therefrom – How determined

SUNDAY UGWA & ANOR v. HON. OJI LEKWAUWA & ANOR.

ELECTION LAW AND PETITION:- Post-election application – Application to set aside Court of Appeal decision arising from National Assembly election petition proceeding – Claim that decision was a nullity being based on proceedings lacking in fair hearing – Judgment based on a party’s abandoned and struck out brief of argument – Legal effect

TARZOOR V. IORAER & ORS.

ELECTION PETITION – QUALIFICATION AND DISQUALIFICATION OF A CANDIDATE:- Statutory provisions applicable in determining whether a person is qualified/disqualified from election to the office of Governor of a State

ELECTION PETITION – BURDEN OF PROOF:- On whom lies – How discharged and determined

ELECTORAL MATTERS – SELECTION/ NOMINATION OF CANDIDATE:- Category of persons who can challenge the selection or nomination of a candidate by a political party – Proper forum for such challenge – Whether courts have jurisdiction to determine questions as to the validity of any nomination of a candidate of any political party – Relevant considerations

ELECTORAL MATTERS – POLITICAL PARTY PRIMARY: Procedure of indirect primaries as stipulated in Sections 85 and 87 of the Electoral Act 2010 (as amended) – Failure of political party to observe same – Effect of failure

TORTI V. UKPABI

ELECTION PETITION:– Admissibility of evidence – Whether based on relevance and not proper custody thereof – Whether proper custody is irrelevant in respect of same

ELECTION PETITION:– Certificate of return in an election – Whether constitutes copies and not originals – Provision of section 70(b) of the Electoral Act 1982 considered – Person vested with proper custody thereto.

ELECTION PETITION:– Election – Duty of police in respect of same

ELECTION PETITION:– Allegation of falsification of election result – Standard of proof – whether one of proof beyond reasonable doubt or by preponderance of evidence.

UKPAI V OKORO

ELECTION PETITION:- Jurisdiction of High Court of a State – Implication of judicial Division -Consideration of Sections 236, 237, 238 and 239 of the 1979 Constitution and section 119 of the Electoral Act 1982.

ELECTION PETITION:- Failure by 2nd and 3rd respondents to file reply – Petition allowed without hearing evidence notwithstanding 1st respondent’s reply – Case remitted to High Court for hearing on merits.

UMANAH V. VICTOR ATTAH

ELECTION LAW:- Election of Governor successfully upheld at tribunal – Subsequent dismissal of Chairman and members of tribunal [which upheld judgment] on ground of corruption (taking of bribes) – Action in High Court to declare election victory and subsequent decision of court upholding same as a nullity – How treated

UNONGO V AKU

ELECTION PETITIONS – Hearing of – Limitation of Actions – 30 day limit imposed by Electoral Act for Hearing of election petitions – Whether unconstitutional and therefore invalid

VIVIAN CLEMS AKPAMGBO-OKADIGBO & ORS V. EGBE THEO CHIDI & ORS (2)

ELECTION PETITION – JURISDICTION:- Whether High Court has jurisdiction to hear and determine a post-election matter

ELECTION PETITION – COMMENCEMENT OF ELECTION OR ELECTION RELATED MATTERS:- Whether prerogative such as mandamus, prohibition, certiorari writs can be used in commencing election or election related matters

ELECTION PETITION – JURISDICTION:- When election or issuance of certificates of return in an election process may be questioned by way of a petition at an election tribunal – Section 285(1)(b) and (5) of the 1999 Constitution and Section 133(1) and (2)(b) of the Electoral Act 2010 – whether a Federal High court is an election tribunal – . relevant considerations

WAZIRI IBRAHIM V SHEHU SHAGARI

ELECTION PETITIONS:- Parties – Joinder of FEDECO and Inspector-General of Police as Co-respondents – Nullification of Election for non-compliance with Part II of Electoral Act 1982 – Need to establish substantial noncompliance affecting result of election – How satisfied

ELECTION PETITIONS:- Alterations made in election results from various States – Return” (of election) under S.164(1) Electoral Act, 1982 – Meaning of and distinction from results from which compiled

ELECTION PETITIONS:- Appeal on facts – Concurrent findings of Election Tribunal and Federal Court of Appeal – Absence of any special circumstances warranting interference by Supreme Court – Appeal dismissed

YEROKUN V ADELEKE

ELECTION PETITION:- Disqualification from nomination – Proper way to challenge process – Disqualification from election.

ELECTION PETITION:- Jurisdiction of courts in – Whether purely statutory.

YUSUF V. OBASANJO

ELECTION PETITION- Electoral Act, 2002- Application of the Civil Procedure Rules of Federal High Court to the Electoral Act, 2002- Extent of.

ELECTION PETITION -Paragraphs 14(2) of the first schedule to the Electoral Act, 2002- Purport of.

ELECTION PETITION- Party to election petition- Whether Corporate Nigeria (Limited by Guarantee) is a necessary party.

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