Judiciary-Poetry-Logo
JPoetry

NONCOMPLIANCE MUST AFFECT THE RESULT OF THE ELECTION

Reach more audience. Place advert here.

Dictum

In Akinfosile v Ijose (1960) 5 FSC 192, one of the earliest cases, if not the earliest, it was held that the onus is on the petitioner to prove not only that there was substantial non-compliance with the Electoral Act, but also that such non-compliance affected the result of the election. The decision was followed in the case of Kudu v Aliyu (1992) 3 NWLR (Part 231) 598

Was this dictum helpful?

SHARE ON

PETITIONER IN AN ELECTION MUST PROVE NONCOMPLIANCE FIRST

In Buhari v Obasanjo (2005) 13 NWLR (Part 941) 1, when the case came to the Supreme Court on appeal, the court held that where an allegation of non-compliance with the electoral law is made, the onus lies on the petitioner firstly to establish the non-compliance, and secondly, that it did or could have affected...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

INTERPRETATION OF SECTION 134(2) OF THE CFRN

It is obvious that states of the Federation and the Federal Capital Territory, Abuja were lumped together as a group by Subsection (2) (b) above. What differentiates the constituents of the group is their names and nothing more. One of them is called Federal Capital Territory and the rest called states of the Federation. Subsection...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

SPONSORSHIP OF A CANDIDATE FOR AN ELECTION IS AN INTERNAL AFFAIR OF THE PARTY

The courts have held in a plethora of cases that the issue of membership of a political party is an internal affair of the political party. It has been consistently held, that it is only the party (in this case, the 3 rd Respondent), that has the prerogative of determining who are its members and the 3 rd Respondent, having sponsored the 2 nd Respondent as its candidate for the Governorship Election in Kano State on the 18 th of March 2023, the 2 nd Respondent has satisfied the requirement of being a member of the 3 rd Respondent as provided for in S134 (1) (a) of the Electoral Act 2022. Consequently, it has been held, that is not within the right of the Petitioner at this stage and after the nomination, sponsorship of the 2 nd Respondent by the 3 rd Respondent as its candidate, to question the 2 nd Respondents membership of the 3 rd Respondent, as it is an internal affair of the party.

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

Was this dictum helpful?

TO PROVE NON-COMPLIANCE MUST ALSO SHOW THAT NON-COMPLIANCE AFFECTED THE RESULTS OF THE ELECTION

It is basic that for a petition to succeed on non-compliance with the provision of the Electoral Act the petitioner must prove not only that there was non-compliance with the provisions of the Act, but also that the non-compliance substantially affected the result of the election. See: Section 139 of the Electoral Act 2010, as...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

CIVIL PROCEDURE RULES ARE SUBJECT TO THE ELECTORAL ACT

It has to be noted that rules governing civil proceedings are not the same which govern election proceedings and where the Electoral Act requires recourse to the Civil Procedure Rules, it must be made subject to the provision of the Electoral Act. — I. Okoro JSC. Atiku, PDP v. INEC, Tinubu, APC (SC/CV/935/2023, 26th day...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here
Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2026

designed by Humongouz Ztudio. 

TO – 3176 | UO – 0 | GO – 3052 | BO – 124

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.