NIGERIAN ELECTION LAW CENTER-3

HON. GABRIEL TORWUA SUSWAM V. PROF. STEVE TORKUMA UGBA & ORS

ELECTION PETITION – TIME FOR DELIVERY OF JUDGMENT:- Duty of election petition to adjudicate over a petition before it within 180 days and give its judgment thereto – Basis of – How computed – Effect of failure thereto

HON. GABRIEL TORWUA SUSWAM V. SEN. DANIEL I. SAROR & ORS

ELECTION MATTERS:- National Assembly Elections Tribunal – Nullification of election results at identified polls on ground that no valid elections had taken place there – Connected suits – When decision of court in other suits would be determinative of questions in connected suits

HON. IFEDAYO SUNDAY ABEGUNDE V. THE ONDO STATE HOUSE OF ASSEMBLY & ORS

ELECTORAL MATTERS – DEFECTION TO ANOTHER POLITICAL PARTY:- Whether by virtue of Section 68(1) (a) and (g) and 222(a) (e) and (f) of the 1999 Constitution as amended – Division in a political party – How determined – Whether a person can defect to another political party and retain his seat for the unexpired term in the house in spite of the defection

ELECTORAL MATTERS – A POLITICAL PARTY:- Legal status of a political party – Whether represented by its National Officers or its sectional branches or segments which do not qualify as a Political Party

HON. KOLA ADEFEMI & ANOR. V. MUYIWA EMMANUEL ABEGUNDE

ELECTION MATTERS:- Election into House of Assembly – Disqualification of candidates therefor – Section 107(1 )(f) of the 1999 Constitution – Resignation of candidate from public service – Whether must be accepted before he qualifies to contest.

ELECTION PETITION:- Appeal from decision of Election Tribunal to Cowl of Appeal – Brief of argument in respect of – Time within which to file – Computation of time with respect thereto – Whether Sunday inclusive

HON. MKPANAM OBO-BASSEY EKPO & ANOR v. NGIM OKPOR KANU & ORS.

ELECTION MATTERS:- Challenge of election results – Proof of – Burden and Standard of – Production of the results of the poll counted at the polling booths by the Presiding Officers – Whether is an essential element of the burden of proof under the circumstances of the petition

ELELCTION MATTERS:- Proof of petition – Whether facts admitted in the petition needs further proof

ELECTION MATTERS:- Petition for nullification of an election result on grounds of non-compliance – Duty of petitioner thereto

ELECTION MATTERS – BURDEN OF PROOF:- Nomination/Sponsorship of a candidate for an election by a political party – Burden of proof of – On whom lies

ELECTION MATTERS:- Criminal Allegation in an Election Petition – Standard of proof thereof

HON. PATRICK C. ONUOHA v. CHIEF R.B.K. OKAFOR CHAIRMAN N.P.P. & Ors

ELECTORAL MATTERS – INTRA-PARTY DISPUTE:- Sponsorship of candidate by a political party – Where two rival candidates separately claim to be the rightful nominee of that party for the general election – Jurisdiction of court thereto – whether purely domestic affairs to be determined by said political party

HON. SANI SHA’ABAN & ANOR. V. ALHAJI NAMADI SAMBO & ORS.

ELECTION MATTERS – ELECTION PETITIONS:– Jurisdiction of an election tribunal to hear a matter filed after the prescribed time for bringing such petition – Where question of jurisdiction wrongly decided by election petition but was not appealed against – Whether Court of Appeal can raise same suo motu

ELECTION MATTERS – ELECTION PETITIONS:– Preliminary objection – Application attacking the jurisdiction of Court of Appeal to entertain an appeal from a decision of an election petition on ground that said decision was a nullity – Duty of Court of Appeal thereto – Whether appellate court necessarily must assume jurisdiction before it can determine the question of nullity

ELECTION MATTERS – PETITIONS:- Decision of the Supreme Court – Bindingness of – Matters over which the Court of Appeal is designated final court of appeal – Whether Court of Appeal still bound to follow decisions of the Supreme Court thereto

HOPE DEMOCRATIC PARTY (HDP) v. MR PETER OBI & ORS.

ELECTION MATTERS – APPEALS ARISING FROM ELECTION PETITIONS:- Decisions of the Court of Appeal in respect of appeals arising from election petitions – Amendment extending appellate route to the Supreme Court – When deemed to have come into effect – Implications for election petition proceedings

HOPE DEMOCRATIC PARTY [HDP] V. MR. PETER OBI & ORS

ELECTION MATTERS – CHALLENGE OF ELECTION RESULT:- Petition that a candidate’s return as the Governor “was in gross violation of section 179 (2) (b) of the 1999 Constitution – What a court or tribunal must do in resolving same

ELECTION PETITION – SUBSTITUTION OF CANDIDATE BY POLITICAL PARTY:- Party’s guideline for substitution of nominee for elections – Need for same to be in accordance with the extant Electoral Act – section 34 of the Electoral Act 2006 – Effect of failure thereto

ELECTION PETITION – CHALLENGE OF ELECTION RESULT:- Where based on ground declared winner did not obtain required number/proportion/spread of lawful votes to be so declared – Whether proper ground for court to embark on the interpretation of the applicable legislation so as to determine the applicable computations

HOPE UZODINMA v. SENATOR OSITA B. IZUNASO & ORS

ELECTORAL MATTERS – CONDUCT OF INTRA-PARTY PRIMARY ELECTIONS:- Conduct of intra-party primary elections – Need for same to be in accordance with rules as stated in the party’s electoral guidelines – Non-compliance thereto – Burden of proof – On whom lies

HYDE ONUAGULUCHI v. PEOPLES DEMOCRATIC PARTY & ORS

ELECTORAL MATTERS – INTRA-PARTY NOMINATION:- Jurisdiction of court to questions arising therefrom – Whether court can manage political parties or interfere in their internal affairs – Proper treatment of

ELECTION MATTERS – INTRA-PARTY NOMINATION OF CANDIDATE FOR ELECTION:- Parallel primaries of a political party – Jurisdiction of court to entertain questions as to which of the primaries is the valid one and thus conferred a right of candidature on its declared winner parties to represent the political party in an election – Section 87(4)(b)(ii)(c)(ii) and (9) of the Electoral Act 2010 (as amended) in review – Duty of an aspirant who is not satisfied with the conduct of the primaries by his party to elect a candidate to bring himself within the purview of Section 87(4)(b)(ii)(c)(ii (9) of the Electoral Act 2010 (as amended) for his complaint to be justiciable – Effect of failure thereto

IKPEAZU V. OTTI & ORS

ELECTION PETITION – OVER-VOTING: Meaning – How proved – When will over-voting be said to have occurred – Function of a Card Reader Machine

ELECTION PETITION – ELECTION PETITION PROCEEDINGS: Content of election petition

ELECTION PETITION – NULLIFICATION OF ELECTION: Implication of a nullified election – Circumstances where votes will be nullified

ELECTION PETITION – OVER-VOTING: How to prove over-voting

IVIAN NDIGWE ANAZODO v. ESTHER JOHN AUDU & ORS

ELECTION PETITIONS – SUBSTANTIAL NON-COMPLIANCE:- Allegation of corrupt practices, electoral irregularities, electoral offences, and non compliance with the provisions of – Proof of – Onus of proof – On whom lies

ELECTION PETITIONS – VALIDITY OF THE NOMINATION OF A CANDIDATE:- Allegation that a candidate was not validly nominated as required by law at the time of the election to contest the election – Local government elections – How treated

CRIMINAL LAW AND PROCEDURE – MOTIVE: Whether motive to commit an offence without any evidence of any act either directly connecting a person can ground proof of such offence.

JALINGO V NYAME

ELECTION PETITION:‑ Election result declared by Returning Officer ‑ Party challenging same ‑ Onus thereon ‑ Sections 115, 148 and 149 of Evidence Act considered.

ELECTION PETITION – JURISDICTION: Whether an election petition has jurisdiction to hear and conclude on a petition ordered to be heard de novo by the Court of Appeal outside the 180 days provided by the Electoral Act – Decision of the Supreme Court declaring otherwise while case ongoing – Duty of Election tribunal to follow same – Basis of – Section 287(1) of the 1999 Constitution as amended in review

JUSTICE PARTY Vs. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

ELECTION PETITION:– Governorship Election Petition Tribunal – rules of court applicable therein.

ELECTION PETITION:– Order 25 rules 1 – 3 of Federal High Court Civil Procedure Rules 2000 – effect of – nature of power conferred on Election Tribunal thereby.

ELECTION PETITION:– Petition on ground that a candidate was validly nominated but unlawfully excluded from the election – who is entitled to bring same.

ELECTION PETITION:– Preliminary objection on competence of an election petition – whether in deciding same the Election Tribunal could consider evidence or documents outside the petition

KHALIL V. MUSA YAR‘ ADUA

ELECTION PETITION:- Amendments – Amendment of pleadings in election petition proceedings – Rules governing – Whether those of civil proceedings applicable

ELECTION PETITION:- Election proceedings – Nature of – Need for urgency and precision.

ELECTION PETITION:- Parties to election petition – Necessary party – Who Qualifies as.

KINGSLEY NONYE PHILIPS v. INDEPENDENT NATIONAL ELECTORAL COMM. (INEC)

ELECTION PETITIONS – JUDGMENT OF A TRIAL TRIBUNAL:-  Whether the constitution does not require the writing of separate judgments by each member of an election tribunal

ELECTION PETITIONS – PARTIES TO AN ELECTION PETITION:- Persons who can present Election Petition – Proper official of the Independent Electoral Commission, INEC to join in election petitions – How determined – Section 144( 1) & (2)of the Electoral Act, 2006 in review

ELECTION PETITIONS – POWERS OF THE ELECTION TRIBUNAL: Powers of the election tribunal in an election petition – Section 285(2) of the 1999 Constitution – Rule that to be competent, a petition before a trial Election Tribunal must be anchored either on the ground set out in section 145 (a) (d), of the Electoral Act 2006, or section 285 (2) of the 1999 Constitution and by persons and against persons mentioned in section 144(1) & (2).”PER NWOSU-IHEME, J.C.A.(P. 14, paras. B-D) – Legal effect

ELECTION PETITIONS – SECTION 145(1) OF THE ELECTORAL ACT: Grounds which an election may be questioned

KUDU V ALIYU

ELECTION PETITION:‑ Election date ‑ Postponement of ‑  When power of exercisable ‑ Section 121(1) State Government (Basic Constitutional and Transitional Provisions) Decree No. 50 of 1991.

LAWRENCE IBANGA UBEH & ANOR V. KUFRE BASSEY ETUK & ORS

ELECTION PETITIONS – ELECTION TRIBUNAL:- Application for an equitable remedy that called for exercise of discretion by the tribunal, and which discretion must be exercised both judicially and judiciously based on the facts presented to the tribunal and the law applicable thereto – Where the discretion touches on the interpretation of the provision of a statute- Duty of court to exercise the discretion in accordance with the provisions of the statute

ELECTION PETITIONS – ELECTION PETITION PROCEEDING:- Nature of as sui generis and quite distinct and separate from civil proceedings – Legal implications

MAIKORI V LERE

ELECTION PETITION:‑ Election result ‑ Grounds upon which result may be questioned ‑ 5. 91 of State Government (Basic Constitutional and Transitional Provisions) Decree No.50 of 1991 considered.

ELECTION PETITION:‑ Election under State Government (Basic Constitutional and Transitional Provisions) Decree 199] ‑ Who can challenge by way of petition ‑ Section 90(1).

ELECTION PETITION:‑ Hearing and determination of election petition ‑ Time limit therefor ‑ Need to give adequate time.

MALLAM ABUBAKAR ABUBAKAR & ORS. v. SAIDU USMAN NASAMU & ORS.

ELECTION LAW AND PETITIONS – JURISDICTION:- Amendment of the Constitutional provision relating to election petitions – When takes effect – Prior position that the Court of Appeal was the final court for appeals against decisions of the election tribunals in relation to Governorship, National Assembly and State House of Assembly elections – Provisions of Section 233 (2) (e) (iv) of the 1999 Constitution, as amended, making decisions of the Court of Appeal on any question as to whether any person has been validly elected to the Office of Governor or Deputy Governor of a state under the constitution appealable to the Supreme Court – Effect – Whether means that the Constitution recognises two final courts for election matters

ELECTION LAW AND PETITIONS – SECTION 285 (8) OF THE 1999 CONSTITUTION: Interpretation of section 285 (8) of the 1999 Constitution, as amended as it relates to election matters – Duty of Court of Appeal as final court of appeals in appeals relating to National and State Houses of Assembly election petition matters – Right to adopt the practice of giving its decision but deferring the reasons for the said decision to a later date – Whether such later must not exceed the time constitutionally allotted the court to hear and dispose of or determine/decide the matter – Whether the decision and the reasons for the decision both constitute the judgment of the court and must go hand in hand, and must come within the time allotted in the constitution for both to be valid and subsisting

ELECTION PETITION:- Challenge of an election result – Statutory prescription as to time in which petition to be brought or any order to be made – Duty of court in the interpretation of statutes pertaining to political elections – Northern House of Assembly (Elected members) Electoral Regulation, 1956, reg. 140 – How treated

MARTIN AGBASO v. IKEDI OHAKIM & ORS.

ELECTION PETITIONS – JURISDICTION IN ELECTION PETITION:- Decision in Appeal No. SC/3/2010, SC/51/2010 and SC/54/2010 Consolidated. CHIEF OHAKIM v. CHIEF AGBASO – Ratio decidendi – Jurisdiction of election petition tribunal over any complaints regarding any conduct and administration of election held by INEC including the processes leading thereto and actual conduct of the election whether inchoate or not – How determined

ELECTION PETITIONS – JURISDICTION IN ELECTION PETITION:- Section 246 subsection (3) of the 1999 Constitution – Whether the Court of Appeal being invested with finality in some election petition matters – Implications for jurisdiction of the Supreme Court as apex/final court in the Nigerian judicial system

MOHAMMED TUKUR V. MARYAM UMAR YAR’ADUA & ORS.

ELECTION PETITIONS – JURISDICTION OF AN ELECTION TRIBUNAL:-Rule that any ground in an election petition questioning the qualification or non-qualification of a candidate at an election on the fact that such candidate was not nominated and sponsored by his political party, does not fall within the jurisdiction of election tribunals to adjudicate upon – Proper application of – Legal effect

ELECTION MATTERS:- Qualifications of a candidate for elections into the House of Representative – Disqualifying grounds – Provisions of Sections 65 and 66 – Where there is inconsistency in criteria prescribed by the two different sections – Which prevails – How ascertained

ELECTION MATTERS:- Qualifications of a candidate for elections into the House of Representative – Sponsorship by a political party – Whether mandatory – Tribunal with jurisdiction to determine such pre-election matters – Whether election petitions

MOHAMMED UMAR IBRAHIM & ANOR v. YAKUBU YUSUF & ORS.

ELECTION PETITION – APPLICATION FOR ISSUANCE OF PRE-HEARING NOTICE:- How properly brought – Paragraph 7 (i) of 1st Schedule of the Electoral Act and Practice Direction made pursuant thereto – Whether a pre-hearing notice should be by notice or by letter – Duty of Court registry to issue Form TF 007 in satisfaction upon a mere request – Attitude of court to failure thereto

ELECTION PETITION :- Application envisaged under paragraph 18 (1) of the First Schedule to the Electoral Act 2010 (as amended) – Where form was issued without evidence of an application by way of motion – Validity of – Judgment in Badamasi Ayuba & 1 Or. v. INEC & 3 Ors. (Unreported) Appeal No. CA/K/EPT/HR/15/09 – Whether mere obita dicta – Effect of subsequent decision of the full court in Appeal No. CA/J/EP/HR/127/2011 Gebi V. Dahiru & 3 ors., per Saulawa, JCA

ELECTION PETITIONS:- Section 285 (7) of the 1999 Constitution (as amended) – Requirement that Court of Appeal deliver its judgment within 60 days in election matters – When time starts to run

MR. DAVID UMARU & ANOR v. DR. MUAZU BABANGIDA ALIYU & ORS.

ELECTION LAW AND PETITION:-  Primary of a political party to choose its nominee for a Federal Constituency seat – Where primary is alleged to be inconclusive – Onus of proof on party who alleges to prove same – Effect of failure thereof

MR. KAINJI ALUGE-OBIA v. MARTIN OKONTA & ORS.

ELECTORAL MATTERS – INTRA-PARTY NOMINATION OF CANDIDATES: Under Electoral Act, 2006 – Whether Election Tribunal or the Court of Appeal has jurisdiction to interfere with intra party matters

MR. WABILLY NYIAM V. DR. (MRS.) ROSE OKO & ORS

ELECTION LAW: Party primaries – nomination as candidate for a legislative office – need for courts not to interfere in the internal affairs of political parties – whether extends to duty to enforce adherence to the Electoral Act and the Constitution of a political party

NGOH V NDOKE

ELECTION PETITION – Presentation of petition – How and when done – Supreme Court (Election Petitions) Rules 1951, section 5(1), Regula­tion 91(4) Elections Regulations

ELECTION PETITION – Presentation of petition – Petitioner not bound to wait for order for Security for costs to be made before presenting petition – Regulation 91(4), 93(1) and (2) Southern Cameroons House of As­sembly Regulations.

ELECTION PETITIONS – DEFECT IN PETITION:- Meaning of – Legal effect of – Whether can be amended

ELECTION PETITIONS – QUALIFICATION OF A PERSON:- Qualification of a person to stand for election as a candidate at an election – Whether a pre-election matter which tribunal has no jurisdiction to determine

ELECTION PETITIONS – ORDERS AND JUDGMENT – REVERSAL OF RULING:-  Court of Appeal – Whether has powers to order that a case be sent back to the Election Tribunal to be started de novo

NNANYELUGO CHIDI AROH V. PEOPLES DEMOCRATIC PARTY & ORS.

ELECTION PETITION – COMPUTATION OF TIME:- Computation of time relating to an appeal on an election petition matter or judgment thereon – Application of Section 285(7) of the Constitution – Whether mandatory and no court has the power to extend the time provided in that section by any liberal interpretation

ELECTION PETITION – COMPUTATION OF TIME – RULES OF COURT:- Nature of rules of court as subsidiary legislation far below constitutional provisions which are consequently supreme – Rules of court which are contrary to Section 285(5), (6) and (7) of the election – Whether can apply to election matters or be declared valid

NWOBODO V. ONOH

ELECTION PETITION:- Duty of court to disregard technicalities in adjudication of election issues­ – Scope of Section 147(5) of the Electoral Act 1982 – Interpretation of Section 127(1) of the Electoral Act

ELECTION PETITION:- Allegations of falsification of results – Proof of – When amounts to allegation of crime within Section 137 of the Evidence Act – Burden of proof thereto – Admissibility of Certificate of returns under Section 70 of the Electoral Act- Whether they are primary evidence under Section 93(2) of the Evidence Act and therefore admissible under Section 95 of the Evidence Act

ELECTION PETITIONS:- Petition to challenge the return of a governor – Necessary parties thereto – Section 121 of the Electoral Act  – When Returning Officers or Deputy Returning Officer would be necessary parties – Relevant considerations in determining necessary parties to an election petition – Whether vel non limited solely to persons specified in S.12(2) Electoral Act 1982 – Effect of non-joinder of a necessary party

NYESOM V. PETERSIDE & ORS

ELECTION PETITION – CARD READER:- Function of card reader in an election – Whether the innovation is in conflict with the Electoral Act – Whether use supersedes the use of voter’s register – Whether failure to use card reader for accreditation of voters can invalidate an election – Whether use has done away with manual accreditation of voters – Need for INEC to bring the usage of the Card Reader within the ambit of the Electoral Act

ELECTION PETITION – NON-COMPLIANCE WITH ELECTORAL ACT:- Where non-compliance with Electoral Act does not substantially affect the result of the election – Effect

ELECTION PETITION – FILING OF PETITION:- Issuance and service of election petitions – Statutory provisions thereto

ELECTION PETITION – ALLEGATION OF CRIME:- Standard of proof where an allegation of crime is made in an election petition

ELECTION LAW AND PETITIONS:- Election Petitions – Allegation of substantial noncompliance – Unstamped ballot papers of unknown number – Onus of proof – On whom lies

OBASANJO v. YUSUF

ELECTION MATTERS AND LAW:- Conduct of election – Whether can be questioned outside Electoral Act, 2002.

ELECTION MATTERS AND LAW:- Sections 131 and 137, 1999 Constitution-Purport of – When relevant in election matter.

ELECTION PETITION:- Classes of election petition.

ELECTION PETITION:- Presidential election – Petition arising therefrom – Exclusive jurisdiction of Court of Appeal to entertain – Basis of – Section 239(1)(a), 1999 Constitution

ELECTION PETITION:- Election – Grounds on which may be questioned – Section 134(1) and (2), Electoral Act, 2002

ELECTION PETITION:- Elections – How may be questioned under Electoral Act, 2002.

ELECTION PETITION:- Election petition – Law applicable thereto

ELECTION PETITION:- Election petition under 1999 Constitution – Election petition under Electoral Act, 2002-Whether different rules and procedure apply thereto.

ELECTION PETITION:- Forum for election petition – Section 285(1)(a) and (2), 1999 Constitution.

ELECTION PETITION:- Parties to an election petition – Who shall be joined as respondents to an election petition – Failure to join necessary respondents – Effect.

ELECTION PETITION:- Parties to election petition – Respondent improperly joined to election petition – Application to strike out-Who can make – Whether another respondent can make

ELECTION PETITION:- Parties to election petition- Unsuccessful candidate at election – Whether and when can be made respondent to petition.

ELECTION PETITION:- Presidential election – Grounds on which may be questioned – Section 239(1)(a), 1999 Constitution and section 134(1), Electoral Act, 2002.

ELECTION PETITION:- Presidential election – How may be questioned – Whether can be questioned outside section 134 of the Electoral Act, 2002

ELECTION PETITION:- Presidential election petition tribunal – Jurisdiction of-Limit of-Whether can entertain matters that constitute infractions of the Constitution or any Act.

ELECTION PETITION:- Constitutional provisions – When can be invoked in election matter.

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