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

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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)

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WHERE CIVIL AND CRIMINAL INGREDIENTS ARE INTERTWINED IN AN ELECTION PETITION

I take the line of thought of the respondents in that it is not enough to allege, non-compliance with the Electoral Act, the Petitioner now Appellant ought to establish by concrete evidence not only the non-compliance but that it was substantial to vitiate the election. Nothing other than that would suffice. Also the petitioner cannot...

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A PETITIONER IN AN ELECTION PETITION HAS A HEAVY BURDEN

In Ihute v Independent National Electoral Commission (1999) 4 NWLR (Part 599) 360, it was held that in an election petition, when a petitioner makes an allegation of non-compliance with the electoral law as the basis or foundation of his case, he has a heavy burden to show the tribunal by cogent and compelling evidence...

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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...

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INVALID NOMINATION PROCESS CANNOT PRODUCE A VALID CANDIDATE FOR AN ELECTION

It is my thinking, and I hold the firm view on this, that by Section 29(1) of the Electoral Act 2022, the sponsorship referred to in Section 65(2)(a) & (b) of the Constitution of Nigeria 1999 (as amended), means nothing else than a valid sponsorship by a political party. It cannot be otherwise. Thus, a...

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WHAT A PETITIONER WHO CONTESTS THE LEGALITY OF VOTES CAST IN AN ELECTION MUST DO

A petitioner who contests the legality or lawfulness of votes cast in an election and the subsequent result must tender in evidence all the necessary documents by way of forms and other documents used at the election. He should not stop there. He must call witnesses to testify to the illegality or unlawfulness of the...

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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...

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