NIGERIAN ELECTION LAW CENTER-2

ALL PROGRESSIVES CONGRESS V. PEOPLES DEMOCRATIC PARTY & ORS.

ELECTION LAW/PETITION – PARTIES TO AN ELECTION PETITION: Section 137 of the Electoral Act, 2010 as amended – Statutorily delimited parties to an election – Statutory delimitation of who may be a respondent in an election petition – Whether electoral officer, returning officer and other staff or agents of the Electoral Commission as well as policemen and soldiers can be joined as parties to an election petition

ELECTION LAW/PETITION – PETITIONER’S REPLY IN ANSWER TO THE REPLY OF RESPONDENT: Necessary ingredients thereof

ELECTION LAW/PETITION – NATURE OF PROCEEDINGS IN ELECTION PETITION: sui generis nature of proceedings in Election petitions – in a class of their own – made to fast-track the hearing of petitions – whether designed to spring surprise on parties

ELECTION LAW/PETITION – DISQUALIFICATION AS CANDIDATE FOR OFFICE OF GOVERNOR: Effect of impeachment – Nature of post-impeachment proceedings that could disqualify a person from contesting for office of Governor – Section 182(1)(e) of the Constitution – Grounds for disqualifying a person from contesting election to the office of Governor

ARC. AUSTIN ASEMA ACHADO & ANOR V. CHRISTIANA ALAAGA & ORS.

ATTORNEY-GENERAL OF THE FEDERATION V ATIKU ABUBAKAR

ELECTION MATTERS – POLITICAL PARTY:- Political parties – Aims and objects of – Need to conform with provisions of Chapter II of 1999 Constitution.

ELECTION MATTERS:- Presidential election – Office of Vice-President – Candidate therefor- Nomination of-Procedure therefor-When deemed duly elected – Section 142, 1999 Constitution.

AWOLOWO V. SHAGARI AND OTHERS

ELECTION LAW AND PETITIONS:- Election Petition – Presidential Election – Where there are more than 2 candidates – Provisions of subsection (1)(c) of S. 34A of Electoral Decree 1977 – What is required to be declared winner

ELECTION LAW AND PETITIONS:- Election Petition – Presidential Election – highest votes – Not less than one-quarter of votes cast – In each of at least two-thirds of all the states of the Federation – Meaning

ELECTION LAW AND PETITION:- Residence and registration within the geographical area – Importance for general elections – Section 2(1) of the Electoral Decree 1977 defines ordinary residence

ELECTION LAW AND PETITION:- Where a petitioner alleges a particular non-compliance and averred in his prayer that it was substantial – Duty to satisfy the court or tribunal having cognizance of the question – Enormity of the onus on petitioner in the absence of any amendment to this provision of section 111 of the Electoral Decree – Whether election cannot be justifiably invalidated for non-compliance on a minimal scale.

ELECTION LAW AND PETITION:- Returning Officer – Statutory character – Whether a simple man with ordinary common sense – Mathematical tasks not expected of him in arriving at the outcome of any election

ELECTION LAW AND PETITION:- Presidential Elections – Dominant requirement – Whether number of votes alone or votes along with geographical spread measured by a quantum of States

ELECTION LAW AND PETITION:- Election Return – Meaning – Need to treat same as a matter of law  – Need to satisfy requirement of applicable law before declaring a “return” in any election

AYUA V. ADASU

ELECTION PETITION ‑ ELECTION PETITION CASES:‑ Nature of ‑ Distinction between it and other civil proceedings.

ELECTION PETITION ‑ ELECTION TRIBUNAL:‑ Jurisdiction of ‑ Whether competent to hear petition founded on allegation of crime ‑ Nature of proceedings therein

ELECTION MATTERS – AGENCY:‑ Agency relationship in election cases ‑ How created – How proved

ELECTION PETITION – CRIMINAL PROCEEDINGS:- Complaint of crime in election petition cases ‑ Standard of proof required to be proved

ELECTION PETITION ‑ ELECTION MALPRACTICE:‑ Onus of proof ‑ On whom lies ‑ Standard of proof required.

ELECTION PETITION:‑ Electoral offence by a supporter of a candidate in an election ‑ Whether offence attributable to the successful candidate ‑ Test for determining

BABA  BICHI V. HALADU

ELECTION MATTERS – ELECTION PETITION:– Allegation of irregularities and electoral malpractices – where same is levied against electoral officers – class of Electoral Officers that can be held responsible therefor.

EECTION MATTERS – ELECTION PETITION:– Allegation of malpractices and other vices – whether same was made by petitioner against the Electoral Officers.

ELECTION MATTERS – ELECTION PETITION:– Electoral Act 2002 – rationale for the mandatory provision of same.

ELECTION MATTERS – ELECTION PETITION:– Electoral Officers – need to join same as necessary parties – provision of section 133 of Electoral Act 2002 considered.

ELECTION MATTERS – ELECTION PETITION:– Electoral Officers – non-joinder of same – consequence of.

ELECTION MATTERS – ELECTION PETITION:– Paragraph 49(2) of the Electoral Act 2002 – principle of waiver therein – whether applicable.

ELECTION MATTERS – ELECTION PETITION:– Pleadings – where same have been concluded – raising of preliminary objection thereafter – whether respondent can be said to have taken fresh steps in the petition therein.

ELECTION MATTERS -ELECTION PETITION:– Raising of objection – failure of petitioner to raise same timeously after entering unconditional appearance – consequence of.

ELECTION MATTERS – ELECTION PETITION:– Section 132(2) of Electoral Act 2002 – provision of same on joinder of Electoral Officers – whether complied therewith.

BAKAM V ABUBAKAR

ELECTIONS MATTERS – INTRA-PARTY DISPUTES:- Party nomination – Jurisdiction of the High Court to determine same

ELECTIONS MATTERS – SPONSORSHIP OF CANDIDATE:- Whether a justiciable legal right.

BARR. ENNOCH ETSU KWALI & ANOR v. HON. ISAH EGAH DOBI & ORS.

ELECTORAL MATTERS – ACCREDITATION: Whether there must be accreditation of the voter before election.

ELECTION MATTERS – ALLEGATION OF CRIME: Allegation of crime in election petition cases – Allegation of manipulation of election materials, results and all illegal acts during elections – Standard of proof – Whether proof beyond reasonable doubts

ELECTION MATTERS – ALLEGATION OF MALPRACTICES: What a party to a petition who alleged malpractices in an election must establish in order to succeed

ELECTION MATTERS – BURDEN OF PROOF: The burden of proof on a party to a petition who asserts existence of a fact

ELECTION MATTERS – DOCUMENTS TO BE TENDERED: Whether general rule that governs the admissibility of documentary evidence is applicable to documents to be tendered in election petitions.

ELECTION MATTERS – ELECTION PETITION PROCEEDINGS:- Election petition proceedings – Whether is distinct from ordinary civil proceedings and therefore should be given expeditious adjudication

ELECTION MATTERS – FILING OF BRIEF OF ARGUMENT: When time start to run with respect to filing of the Appellants’ brief of argument

ELECTION MATTERS – GROUND OF ELECTION PETITION: Whether undue influence is a ground for challenging a winner of an election.

ELECTION MATTERS- HEARING OF AN ELECTION MATTER: Time – Essence of in the hearing of an election matter – Implication of failing to comply with procedure laid down in the Electoral Act and the Practice Direction

ELECTION MATTERS – JURISDICTION OF ELECTION PETITION TRIBUNAL: Whether Election Tribunal has jurisdiction to determine the validity or otherwise of the Manual for Election Officials

ELECTION MATTERS – NON-COMPLIANCE WITH ELECTORAL ACT: Power of Election Tribunal or Court under provisions of Section 146(1) of the Electoral Act, 2006

BENSON V ONITIRI

ELECTION MATTERS – CONSTITUTIONAL LAW:- Election – Election into House of Assembly – Qualification thereof

ELECTION MATTERS:- Nomination and sponsorship of a candidate by a political party – Withdrawal of sponsorship – Mode of- Condition thereof – Withdrawal of candidate from election

ELECTION MATTERS:- Withdrawal of political party from election – Mode of withdrawal – Candidate already nominated by the political party for the election not informed of withdrawal – Whether can bring election petition against the opponent.

ELECTION PETITION:- Preliminary objection to election petition – On what based – Extraneous facts – Whether can be basis for challenge thereto – Defects in election petition – When to raise objections thereto.

ELECTION PETITION:– Recourse to technicalities in election petition matters – Attitude of courts thereto – Rationale thereof

BONIFACE ISICHEI v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

ELECTION PETITIONS – CONTENTS OF AN ELECTION PETITION:- Contents of an Election petition  – “Paragraph 4 of the First Schedule to the Electoral Act in review

ELECTION PETITIONS – ELECTION PETITION PROCEEDINGS:- Nature of an election petition – Rule that an Election petition being of a special and different character should not be tied to every apron spring of the rules of procedure for the usual and ordinary civil matter – S.151 of the Electoral Act – Rules and procedure to be adopted for election petitions and appeals arising therefrom

ELECTION PETITIONS – ELECTION PETITION PROCEEDINGS:- Rule that an Election petition tribunal is not an all purposes court that can entertain all sorts of claims or reliefs – Rule a plaintiff who intends to have an enforceable legal right from a declaratory judgment or order that inures in his favour must also seek injunctive orders and damages – Implications for election matters

ELECTION PETITIONS – NON COMPLIANCE WITH THE ELECTORAL ACT: Effect of non compliance with the provisions of the Electoral Act – Failure of the Appellants to state the person returned as the winner of the election in their petition – Whether would render the petition incompetent for non compliance with paragraph (4) (1) (c) to the first Schedule to the Electoral Act 2006 – Whether it is a requirement for the validity of the petition that can not be cured by stating the scores of the candidates

ELECTION PETITIONS – PARTIES TO AN ELECTION PETITION: Persons who may present an election petition – “Section 144(1) & (2) of the Electoral Act 2006 in review

BRIG. GEN. MOHAMMED BUBA MARWA & ORS. v. ADMIRAL MURTALA NYAKO & ORS.

ELECTORAL MATTERS – COMPUTATION OF TIME: Term of office of Governor

s whose first swearing was cancelled but who went on to win the re-run election – When term deemed to have commenced – Whether expired at the end of four (4) years calculated from the first election, or whether they are entitled to a tenure of four (4) years calculated from the date of the second taking of the Oaths of Allegiance and of Office

ELECTORAL MATTERS – VALIDITY OF AN ELECTION:- Whether a “void” election remains valid until it is declared void by the courts/tribunal – Nullification of an election – Implications of – Legal status of acts done by political officer holder whose election is nullified

ELECTION MATTERS – VALIDITY OF AN ELECTION:- Declaration of a Governorship election as a nullity – Implication for the the validity of the oaths of office taken by the governor – Whether the acts of a governor whose election is nullified remains valid

ELECTION MATTERS:- Whether there is a presumption that an election is valid until the courts/tribunals declare it a nullity- Effect of nullification of an election – Issue/question of nullity and its legal consequences/effectiveness-whether acts done by an office holder whose election has been nullified is valid in law- Whether the tenure of governors can be elongated on account of time lost to nullification of elections

BUHARI  V DIKKO YUSUF

ELECTION MATTERS:– Whether an appropriate tribunal provided by the Constitution is competent to adjudicate thereon – How determined

ELECTION MATTERS:– Parties to an election petition – Candidate who lost an election – Whether proper to join as respondent on basis of right to fair hearing

ELECTION MATTERS:– Parties to an election petition – How determined – guidelines on persons who may be present or joined in an election petition.

ELECTION MATTERS:– Persons interested in an election petition – How determined.

ELECTION MATTERS:– Sections 133(2) Electoral Act 2002 – Whether relevant to the determination of proper parties to an election petition.

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