ELECTION ARE SUI GENERIS

It is well settled that election matter are sui generis with a special character of their own, quite different from ordinary civil or criminal proceedings. They are governed by their own statutory provisions regulating their practice and procedure. See Hassan v. Aliyu (2010) All FWLR (Pt. 539) 1007, (2010) 17 NWLR (Pt. 1223 ) 547;...

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EVIDENCE REQUIRED FO PROVE VOTES ALLOWED WITHOUT ACCREDITATION

It is glaring from the above reproduced provisions of the Electoral Act and the INEC Regulations and Guidelines that the evidence required to prove that voting was allowed without accreditation or that there was improper accreditation are the Register of Voters, BVAS and the Polling Unit result in Form EC8A and that the evidence required...

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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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REGISTER OF VOTERS IS REQUIRED TO PROVE NO ACCREDITATION OF VOTERS

It is clear from the provisions of S.47(1) and (2) of the Electoral Act 2022 and Regulations 14(a) and (b), 18(a) and (b), 19(b) and (e) that the Register of voters for each polling unit is relevant evidence to prove the alleged non accreditations of voters in the 744 polling units on the election day....

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THERE IS A REBUTTABLE PRESUMPTION THAT AN ELECTION RESULT DECLARED BY A RETUNING OFFICER IS CORRECT

Election results are presumed by law to be correct until the contrary is proved. It is however a rebuttable presumption. In other words, there is a rebuttable presumption that the result of any election declared by a returning officer is correct and authentic and the burden is on the person who denies the correctness and...

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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...

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STATING ADDRESS FOR SERVICE IN AN ELECTION PETITION

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ELECTION ARE SUI GENERIS

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EVIDENCE REQUIRED FO PROVE VOTES ALLOWED WITHOUT ACCREDITATION

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RIGHT OF APPEAL AGAINST INTERLOCUTORY DECISION IN AN ELECTION TRIBUNAL

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REGISTER OF VOTERS IS REQUIRED TO PROVE NO ACCREDITATION OF VOTERS

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THERE IS A REBUTTABLE PRESUMPTION THAT AN ELECTION RESULT DECLARED BY A RETUNING OFFICER IS CORRECT

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INTERPRETATION OF SECTION 134(2) OF THE CFRN

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