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WITHDRAWAL TAKES EFFECT FROM THE DELIVERING OF A WRITTEN NOTICE OF WITHDRAWAL

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I agree with the views of Learned SAN for the 3rd respondent and Learned Counsel for the 4th respondent. It is glaring from the provision of S.31 of the Electoral Act 2022 that the withdrawal takes effect from when the nominated candidate submitted the notice of his or her withdrawal to the political party that nominated him or her. S. 31 prescribe how the withdrawal is done by the nominated candidate. It states thusly”by notice in writing signed by him and delivered personally by him to the political party that nominated him or her”. S. 31 prescribes what the political party should do upon receipt of its nominated candidate’s withdrawal. It states that it may convey the withdrawal to INEC not later than 90 days to the election. It is glaring from the express wordings of S.31 of the Electoral Act 2022 that the legislative intention is that the withdrawal should take effect upon the nominated candidate personally delivering a written notice of his withdrawal to the political party and not when the political party conveys it to INEC.

— E.A. Agim, JSC. PDP v INEC (2023) – SC/CV/501/2023

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THE WHOLE CONCEPT OF SUI GENERIS NATURE OF ELECTION PETITION

Tobi, J.S.C., in his lead judgment in Buhari v, INEC (2008) LPELR-814 (SC) p. 97 paragraph A-B: “The whole concept of Election Petition being sui generis, in my view, is to project the peculiarity of the reliefs sought, the time element and peculiar procedure adopted for the hearing of the petition and all that.”

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MEANING OF NON-COMPLIANCE WITH REGARDS TO ELECTION

Construing the word “non-compliance” in both provisions with regard to an election has created a situation where an election has been conducted in a manner not in accordance with the provisions of the Act and/or the guidelines prescribed therefrom.

— C.M. Chukwuma-Eneh, JSC. Akeredolu v. Mimiko (2013) – SC. 352/2013

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INEC RESULTS VIEWING PORTAL IS NOT A COLLATION SYSTEM

From the above functions of the BVAS, it is clear to me that, apart from using the BVAS to scan the physical copy of the polling unit result and upload same to the Result Viewing Portal (iReV), there is nothing in the Regulations to show that the BVAS was meant to be used to electronically transmit or transfer the results of the Polling Unit direct to the collation system. It should be noted that INEC Results Viewing Portal (IReV) is not a collation system. The Supreme Court in OYETOLA V INEC (2023) LPELR-60392(SC) has explained the difference between the Collation System and the IReV. In that case, Agim, JSC held as follows: “As their names depict, the Collation System and the INEC Result Viewing Portal are part of the election process and play particular roles in that process. The Collation System is made of the centres where results are collated at various stages of the election. So the polling units results transmitted to the collation system provides the relevant collation officer the means to verify a polling unit result as the need arises for the purpose of collation. The results transmitted to the Result Viewing Portal is to give the public at large the opportunity to view the polling unit results on the election day.”

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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PROCESSES THAT MUST BE FOLLOWED FOR A SUCCESSFUL ELECTION

Let me underline here that in the conduct of an election, certain processes must have been walked over to conclude and confirm that the election was conclusive. The steps outlined by the law must not be broken. These steps are: (a) Accreditation (b) Conduct of poils (c) Counting of votes (d) Collation and announcement of results (e) Signing of result forms (f) Publication of results.

— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)

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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 sponsorship by a political party which results from an invalid nomination process would be incapable of meeting the stringent requirement of Section 65 (2) (a) & (b) of the Constitution of Nigeria 1999 (as amended). Therefore, a person who is shown to have emerged from an invalid primary or nomination process of a political party as required by law is not and cannot be said to have been sponsored by that political party since such a sponsorship is invalid by virtue of Section 65 (2) (a) & (b) of the Constitution of Nigeria 1999 (as amended), and I so hold firmly. The law is and has always been, that a primary election of a political party conducted in contravention of the provisions of Section 84 (5) (c) (i) of the Electoral Act 2022, as where for instance such a primary election of the 2nd Appellant for a Federal Constituency was on 25/5/2022 at the Aladinma Shopping Mall, Owerri, Imo State a location outside the Ehime Mbano Ihitte Uboma Federal Constituency, is a nullity and of no legal consequence whatsoever. It follows therefore, a candidate who purportedly emerges from such an illegal primary election is not and cannot be said to be qualified to contest an election conducted under the Electoral Act 2022 by INEC. He remains disqualified for all purpose and if inadvertently declared and returned elected in an election conducted by INEC, which on its own has no power to disqualify him, and if he is challenged before an Election Tribunal, his declaration and return would be nullified and the candidate with the second highest lawful votes cast at the questioned election would be declared and returned at the winner of such an election by the Election Tribunal, or this Court where the lower Tribunal fails to do so. See Section 136 (2) and (3) of the Electoral Act 2022. See also Hon. Jerry Alagbaoso v. Independent National Electoral Commission & Ors. (2023) LPELR-59702 (SC), Hon. Nnamdi Thankgod Ezeani v. Jones Onyeneri & Ors. (2023) LPELR-59701(SC).

— B.A. Georgewill JCA. Okeke, PDP v. Nwachukwu, Labour Party, INEC (CA/ABJ/EP/IM/HR/86/2023, November 04, 2023)

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TECHNICALITIES IN ELECTION PETITIONS – IT NEVER SOLVES BASIC ISSUES IN CONTROVERSIES

It is now trite law that election petitions are sui generis that is, that they are in class of their own and are governed by different rules. An election petition is by nature a very peculiar proceeding which distinguishes it from an ordinary civil proceeding. See Abubakar v. Yar’adua (2008) 19 NWLR (Pt 1120) 1. In Nwole v. Iwuagwu (2004) 15 NWLR (Pt 895) 61 the Court, held thus: “The courts have often harped on the need to do substantial justice in most cases without dwelling too much on technicalities … in all election matters, the use of technicalities should be avoided, as technicalities merely help to shut the opponent out. It never resolves basic issues in controversy. Once it is agreed that election petitions are in a class of their own, the handling of the matter too must take a form devoid of legal technicalities that tend to leave the litigants more confused. Boldness of a high degree is required of the electoral tribunal, which must never be seen to shy away from obvious grave allegations.”

— J.S. Abiriyi, JCA. Aregbesola v Omisore (2014) – CA/AK/EPT/GOV/05/237/2014

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