ELECTION ARE SUI GENERIS

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 amended. Put in other words, the petitioner has to prove:- (1) That there was non-compliance. (2) That the non-compliance substantially affected the result of the election. The above have been variously pronounced in the cases of Buhari v. INEC (2008) 19 NWLR (Pt. 1120) 246 at 435; Buhari v. Obasanjo (2005) 13 NWLR (Pt. 941) 1 at 80; Akinfosile v. Ijose (1960) SCNLR 447; Awolowo v. Shagari (1979) 6-9 SC 51; CPC v. INEC & Ors. (2011) 12 SCNJ 644 at 710.

— J.A. Fabiyi, JSC. Akeredolu v. Mimiko (2013) – SC. 352/2013

PRESIDING OFFICER OF A POLLING UNIT IS NOT MANDATED TO UPLOAD RESULT TO INEC DATABASE

There is no part of the Electoral Act or the INEC Regulations and Guidelines for the Conduct of Elections 2022 that requires that the Presiding Officer of the election in a Polling unit transmit the particulars or number of accredited voters recorded by the BVAS to the INEC data base or anywhere. This is obvious from all the provisions reproduced above. Equally, there is no part of the Electoral Act and INEC Regulations and Guidelines that require that election result of a polling unit should on the spot during the poll be transmitted to the INEC National Election Register or data base. Rather, the Regulations provide for the BVAS to be used to scan the completed result in Form EC8A and transmit or upload the scanned copy of the polling unit result to the Collation System and INEC Result viewing Portal (IReV).

— E.A. Agim, JSC. Oyetola v INEC & Ors. (2022) – SC/CV/508/2023

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 votes cast and prove that the illegality or unlawfulness substantially affected the result of the election. The documents are amongst those in which the results of the votes are recorded. The witnesses are those who saw it all on the day of the election; not those who picked the evidence from an eye witness. No. They must be eye witnesses too. Both forms and witnesses are vital for contesting the legality or lawfulness of the votes cast and the subsequent result of the election. One cannot be a substitute for the other. It is not enough for the petitioner to tender only the documents. It is incumbent on him to lead evidence in respect of the wrong doings or irregularities both in the conduct of the election and the recording of the votes; wrong doings and irregularities which affected substantially the result of the election.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

ONLY ASPIRANT CAN CHALLENGE PRIMARIES OF A PARTY AND MUST BE HIS OWN PARTY

In AL-HASSAN V. ISHAKU (2016) 10 NWLR (PT. 1520) 230, this court per Peter-Odili, JSC in interpreting Section 87(9) of the Electoral Act, 2010 (as amended) at 281, Paras DH, held thus: “Indeed, this court has settled the matter in a plethora of judicial authorities that it is only candidate/aspirant at the primaries of a party that has the locus standi to complain about the conduct of such primaries and so, the grouse of the appellants have nothing to stand on as they are clearly interlopers in regard to how the 1st respondent emerged as candidate and also how, where and when the 2nd respondent produced its candidate. Therefore, no matter how loudly the appellants shout on the irregularity, impropriety of the primaries of the 1st and 2nd respondents, the noise will remain unheard and unattended to, coming from those whose voices ought not to be heard in the internal matters of another. I refer to the following cases for assistance being: Onuoha v. Okafor (1983) 14 NSCC 494, (1983) 2 SCNLR 244; Dalhatu v. Turaki (2003) 15 NWLR (Pt.843) 310; Ardo v. Nyako (2014) LPELR 22878 (SC), (2014) 10 NWLR (Pt. 1416) 591; Emeka v. Okadigbo (2012) 18 NWLR (Pt.1331) 55 at 88; PDP v. Sylva (2012) All FWLR (Pt.637) 606 at 654, (2012) 13 NWLR (Pt. 1316) 85.”

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 authenticity of the return to rebut the presumption. (See Omoboriowo v Ajasin (1984) 1 SCNLR 108; Jalingo v Nyame (1992) 3 NWLR (Part 231) 538; Finebone v Brown (1999) 4 NWLR (Part 600) 613; Hashidu v Goje (2003) 15 NWLR (Part 843) 361 and Buhari v Obasanjo (2005) 13 NWLR (Part 941) 1).

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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. Buhari v. INEC (2008) – SC 51/2008