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WHO ARE NECESSARY RESPONDENTS IN AN ELECTION PETITION

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Generally, necessary respondents in an election petition are the persons whose election or return is complained of, and the Electoral body that conducted the election. See Section 133(2) and (3) of the Electoral Act, 2022. Those are what are termed statutory respondents. It should be remembered the Election Petitions are sui generis, and its procedure strictly regulated by statute. Thus, where a person does not fall within the category of statutory respondents, they are not necessary parties in an election petition. See Agbareh v. Mimra (2008) All FWLR (pt.409) 559; APC v. PDP (2015) LPELR – 24587 (SC) and Buhari v. Yusuf (2003) 4 NWLR (pt.841) 446 at 498. Thus, in Waziri v. Gaidam (2016) 11 NWLR (pt. 1523) 230 at 265 paragraphs F-G; the Supreme Court held that: “From the above, I have no difficulty in going along with the submissions of the respective counsel for the respondent that Section 137(2) and (3) of the Electoral Act, 2010 has no room for the joinder of the 5th Respondent who neither won the election nor performed any role as electoral officer or agent of the third Respondent in the election petition challenging the result of such an election and even no relief was claimed against the said 5th respondent and indeed, he had nothing to gain or lose in the petition aforesaid.”

— H.S. Tsammani, JCA. APM v INEC & Ors. (2023) – CA/PEPC/04/2023

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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 GUIDELINES CANNOT BE ELEVATED ABOVE THE ELECTORAL ACT

As held by this court, the INEC directives, guidelines and manual cannot be elevated above the provisions of the Electoral Act as to eliminate manual accreditation of voters. This will remain so until INEC takes steps to have the necessary amendments made to bring the usage of the card reader within the ambit of the substantive Electoral Act. These issues are accordingly resolved in favour of the appellant.

— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

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NONCOMPLIANCE MUST AFFECT THE RESULT OF THE ELECTION

In Akinfosile v Ijose (1960) 5 FSC 192, one of the earliest cases, if not the earliest, it was held that the onus is on the petitioner to prove not only that there was substantial non-compliance with the Electoral Act, but also that such non-compliance affected the result of the election. The decision was followed in the case of Kudu v Aliyu (1992) 3 NWLR (Part 231) 598

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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.”

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GROUND; GROUND FOR QUESTIONING AN ELECTION

It is trite law, that a Petitioner is required to question an election on any of the grounds set out in Section 134 (1) of the Electoral Act, 2022. For ease of reference, Section 134(1) of the Electoral Act, 2022 provides as follows: “An election may be questioned on any of the following grounds – a. A person whose election is questioned was at the time of the election not qualified to contest the election; b. The election was invalid by reason of corrupt practices and non-compliance with the provisions of this Act; or c. The Respondent was not duly elected by majority of lawful votes cast at the election. What then is the meaning of the word “ground”? In the case of KALU VS CHUKWUMERIJE (2012) 12 NWLR (PT. 1315) 425 AT 485, the Court of Appeal per Owoade, JCA puts it succinctly, thus: “The Compact Edition of the Oxford English Dictionary (1971) US reprint (1988) defines the word “Ground” in numerous terms and with an array of examples at pages 1214 to 1225 as follows: “Ground”: (a) The fundamental constituent or the essential part of anything. (b) A fundamental principle, also the elements or rudiments of any study or branch of knowledge. (c) A circumstance on which an opinion, inference, arguments, statement or claim is founded, or which has given rise to an action, procedure or mental feeling, a motive often with additional implication. A valid reason justifying motive or what is alleged as such.” Thus, a ground in the context of an election petition, is the fundamental reason, basis or justification for questioning the election. Before a party can question an election, his petition must fall within the grounds specified by the Electoral Act 2022. See the following cases: OYEGUN VS IGBENEDION & ORS (1992) 2 NWLR (PT. 226) 947; OKONKWO VS INEC & ORS (2003) 3 LRECN 599; ABUBAKAR VS INEC (2020) 12 NWLR (PT. 1737); and MODIBO VS USMAN (2020) 3 NWLR (PT. 1712) 470.

— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

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IN ELECTION PETITION, RECOURSE TO THE FHC RULES IS SUBJECT TO THE ELECTORAL ACT

Specifically, any recourse to the Federal High Court (Civil Procedure) Rules must be “subject to the express provisions” of the Act. It follows that it is only where the Electoral Act or First Schedule does not provide for a particular situation that reference would be made to the Federal High Court (Civil Procedure) Rules with necessary modification.

— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

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