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GROUND; GROUND FOR QUESTIONING AN ELECTION

Dictum

It is trite law, that a Petitioner is required to question an election on any of the grounds set out in Section 134 (1) of the Electoral Act, 2022. For ease of reference, Section 134(1) of the Electoral Act, 2022 provides as follows: “An election may be questioned on any of the following grounds – a. A person whose election is questioned was at the time of the election not qualified to contest the election; b. The election was invalid by reason of corrupt practices and non-compliance with the provisions of this Act; or c. The Respondent was not duly elected by majority of lawful votes cast at the election. What then is the meaning of the word “ground”? In the case of KALU VS CHUKWUMERIJE (2012) 12 NWLR (PT. 1315) 425 AT 485, the Court of Appeal per Owoade, JCA puts it succinctly, thus: “The Compact Edition of the Oxford English Dictionary (1971) US reprint (1988) defines the word “Ground” in numerous terms and with an array of examples at pages 1214 to 1225 as follows: “Ground”: (a) The fundamental constituent or the essential part of anything. (b) A fundamental principle, also the elements or rudiments of any study or branch of knowledge. (c) A circumstance on which an opinion, inference, arguments, statement or claim is founded, or which has given rise to an action, procedure or mental feeling, a motive often with additional implication. A valid reason justifying motive or what is alleged as such.” Thus, a ground in the context of an election petition, is the fundamental reason, basis or justification for questioning the election. Before a party can question an election, his petition must fall within the grounds specified by the Electoral Act 2022. See the following cases: OYEGUN VS IGBENEDION & ORS (1992) 2 NWLR (PT. 226) 947; OKONKWO VS INEC & ORS (2003) 3 LRECN 599; ABUBAKAR VS INEC (2020) 12 NWLR (PT. 1737); and MODIBO VS USMAN (2020) 3 NWLR (PT. 1712) 470.

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

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RIGHT OF APPEAL AGAINST INTERLOCUTORY DECISION IN AN ELECTION TRIBUNAL

In the case of Maduako V Onyejiocha (2009) 5 NWLR (pt. 1134) 259 at 280 the Court of Appeal Per Eko JCA held as follows:- “By way of emphasis, I wish to add that the decision of the Supreme Court in Alhaji Atiku Abubakar & Ors V. Alhaji Umaru Musa Yar’Adua & Ors SC 288/2007 of 25th January, 2008 (reported in (2008) 4 NWLR (pt. 1078) 465 Per Niki Tobi JSC, leave no doubt in me that an aggrieved party has right of appeal against an interlocutory decision of an election tribunal. That right is a constitutional right by dint of Section 246 (1) (b) of the 1999 Constitution, which is in Pari materia with Section 233 (2) (3) of the Constitution under which Atiku V. Yar’Adua case was decided”.

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CANNOT TESTIFY ON POLLING UNIT RESULT IF NOT POLLING UNIT AGENT

This witness is not fit to testify on polling unit result not being a polling unit agent. His testimony on the polling unit is hearsay and shall therefore be discountenanced with … The testimony of PW26 is not reliable in this case. Testimony was to the effect that he was the Party Chairman, and never served as an Agent in any of the polling units or wards but monitored the election. His testimony can at best be described as hearsay and not reliable. We so hold.

— K.M. Akano, J. Edeoga v Mbah (2023) – EPT/EN/GOV/01/2023

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QUALIFICATION TO CONTEST GOVERNORSHIP ELECTION

In the Supreme Court case of AL-HASSAN V ISIHAKU 2016 10 NWLR PART 520, PG 230, the court reiterated at pages 275- 276 PARAS H-A; 277 PARAS A-F as follows; “…Where it is alleged that a person is or was not qualified to contest election into the office of Governor as envisaged by section 138(1)...

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IMPORTANCE OF AUTHENTIC REGISTER OF VOTERS

Again, let me pause here to observe that the importance of an authentic Register of voters for an open and transparent election process cannot be underestimated. Not only that the candidate who intends to contest in a particular election is required to be a registered voter as per the Register of voters, also a person...

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IF THE RESULT OF AN ELECTION IS NOT AFFECTED SUBSTANTIALLY, THE PETITION WILL FAIL

If there is evidence that despite all the non-compliance with the Electoral Act, the result of the election was not affected substantially, the petition must fail. In other words, the Election Tribunal, must, as a matter of law, dismiss the petition; and that accords with section 146(1) of the Electoral Act. — Niki Tobi, JSC....

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