RATIONALE BEHIND WHY A GOVERNOR IS NOT IMMUNED FROM ELECTION PETITION

I am also of the view that the appeal can be allowed on the main issue of immunity of the governor under the provisions of section 308 of the Constitution of the Federal Republic of Nigeria 1999. The issue can be resolved by a simple question as to whether a person declared and sworn-in as...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

GROUND TO PROVE OVER VOTING

The law is well settled that in order to prove over-voting, the petitioner must do the following: (i) tender the voters register; (ii) tender the statement of results in appropriate forms which would show the number of registered accredited voters and number of actual votes; (iii) relate each of the documents to the specific area...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

PURPORT OF A FREE AND FAIR ELECTION

A free and fair election is one in which all eligible voters who are willing to vote are given every opportunity to cast their votes which must be counted and declared for the candidate of their choice. See the case of JIMOH VS ADEKUNLE (1991) 1 LRECN 123. The essence of democratic elections, it has been held, is that they be free, fair and that in that atmosphere of freedom, fairness and impartiality, citizens will exercise their freedom of choice of who their representatives shall be by casting their votes in favour of those candidates who, in their deliberate judgment, they consider to possess the qualities which mark them out as preferable candidates to those others who are contesting with them. See the case of OJUKWU VS ONWUDIWE & ORS (1984) 1 S 15 AT 91. The above essential tenets of democratic elections are fundamentally negatived by election rigging.

— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

Was this dictum helpful?

PRE-ELECTION MATTER CANNOT BE STALLED BECAUSE ELECTION IS OVER

So, does the mere holding of an election and the declaration of a winner or even the swearing in of a winner into office alone render a pre – election matter duly commenced and pending before a Court of competent jurisdiction to become merely academic and or over taken by events and thus liable to...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

ONLY POLLING UNIT AGENT CAN GIVE TESTIMONY OF WHAT TRANSPIRED IN THE POLLING UNIT

In PDP & ANOR V INEC & ORS (2019) LPELR-48101(CA), this Court Per Agim, JCA (as he then was) held that it is only a Polling Unit agent or a person who was present at a Polling Unit during polls that can give admissible evidence of what transpired during the poll in that unit. See...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

NOT EVERY GROUND OF NONCOMPLIANCE WILL AMOUNT TO CORRUPT PRACTICE

It is also pertinent to observe that in paragraph 79 of the Petition where the Petitioners alleged corrupt practices, they merely stated that they are repeating their pleadings in support of the grounds of non compliance to be in support of their allegations of corrupt practices. It should be noted however, that not every ground...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

ELECTION RIGGING REFERS TO

Reach more audience. Place advert here.

Was this dictum helpful?

RATIONALE BEHIND WHY A GOVERNOR IS NOT IMMUNED FROM ELECTION PETITION

Membership Required

GROUND TO PROVE OVER VOTING

Membership Required

PURPORT OF A FREE AND FAIR ELECTION

Was this dictum helpful?

PRE-ELECTION MATTER CANNOT BE STALLED BECAUSE ELECTION IS OVER

Membership Required

ONLY POLLING UNIT AGENT CAN GIVE TESTIMONY OF WHAT TRANSPIRED IN THE POLLING UNIT

Membership Required

NOT EVERY GROUND OF NONCOMPLIANCE WILL AMOUNT TO CORRUPT PRACTICE

Membership Required