HOW TO PROVE FALSIFICATION OF AN ELECTION RESULT

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

IRREGULARITY MUST SUBSTANTIALLY AFFECT THE ELECTION

Chief Awolowo v Alhaji Shagari (1979) 6–9 SC 37. In his contribution to the majority judgment, Qbaseki, JSC said at pages 82 and 84:– “There is no evidence that the non compliance with section 34A(1)(c)(ii) one of the provisions of Part II has affected the result i.e. but for the non-compliance, the petitioner would have won, to enable the tribunal declare the result invalid. The petitioner pleaded a substantial non-compliance i.e. failure to obtain one-quarter of the votes cast in each of at least two-thirds of all the States in the Federation. But the evidence established this non-compliance in only one State. In other words, the evidence established that the first respondent obtained in each of the 12 States one-quarter or more of the votes cast but did not in the 13th State in Kano State. The third respondent claimed that first respondent received 25% of the votes in 2/3 Kano State. There is no evidence of counting in 2/3, Kano State… In this appeal, the appellant has failed to satisfy the tribunal and this Court that the non-compliance has affected the result of the election or has prevented a majority of votes in his favour with effect, and for that reason the appeal must fail.”

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.”

ELECTION SHALL NOT BE INVALIDATED BY MERE REASON THAT IT WAS NOT CONDUCTED SUBSTANTIALLY; IT MUST SHOW THAT IT AFFECTED THE ELECTION RESULT

In Buhari v Obasanjo (2005) 13 NWLR (Part 941) 1, Belgore, JSC, said at page 191:– “It is manifest that an election by virtue of section 135(1) of the Act shall not be invalidated by mere reason it was not conducted substantially in accordance with the provisions of the Act, it must be shown clearly by evidence that the non-substantiality has affected the result of the election. Election and its victory, is like soccer and goals scored. The petitioner must not only show substantial non-compliance but also the figures, i.e. votes, that the compliance attracted or omitted. The elementary evidential burden of ‘The person asserting must prove’ has not been derogated from by s.135(1). The petitioners must not only assert but must satisfy the court that the non-compliance has so affected the election result to justify nullification.”

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