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CANNOT TESTIFY ON POLLING UNIT RESULT IF NOT POLLING UNIT AGENT

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This witness is not fit to testify on polling unit result not being a polling unit agent. His testimony on the polling unit is hearsay and shall therefore be discountenanced with … The testimony of PW26 is not reliable in this case. Testimony was to the effect that he was the Party Chairman, and never served as an Agent in any of the polling units or wards but monitored the election. His testimony can at best be described as hearsay and not reliable. We so hold.

— K.M. Akano, J. Edeoga v Mbah (2023) – EPT/EN/GOV/01/2023

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AN ELECTION CANNOT BE INVALIDATED BY REASON OF NONCOMPLIANCE WITH THE PROVISIONS OF THE ELECTORAL ACT

… an election cannot be invalidated by reason of non-compliance with the provisions of the Act if it appears to the Election Tribunal or court that the election was conducted substantially in accordance with the principles of the Act and that the non-compliance did not affect substantially the result of the election. In other words,...

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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....

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THE PROVISIONS OF THE FEDERAL HIGH COURT CIVIL PROCEDURE RULES ARE SUBJECT TO THE EXPRESS PROVISIONS OF THE ELECTORAL ACT

Permit me to still say a word or two of my own on Petitioners’ contention that Order 3 Rules 2 and 3 of the Federal High Court (Civil Procedure) Rules 2019 permitting parties to file witness deposition of a subpoenaed witness even after commencement of their action applies automatically to election petitions by virtue of...

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SECTION 177 & 182 IS THE RELEVANT PROVISION FOR QUALIFICATION TO CONTEST AS GOVERNOR

Before rounding off this matter there can be no doubt that the qualification or non-qualification of a candidate for election purposes as here is within the purview of sections 177 and 182 of the 1999 constitution (as amended) and not Section 34 of the Electoral Act as failure to comply with the provisions of section...

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RESULT ANNOUNCED BY INEC IS PRESUMED TO BE CORRECT

The law is trite that the results declared by INEC enjoy a presumption of regularity. In other words, they are prima facie correct. The onus is on the petitioner to prove the contrary. See Buhari v. Obasanjo (2005) 13 NWLR (Pt. 941) 1; Awolowo v. Shagari (1979 ) 6 – 9 SC 51; Akinfosile v....

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PETITIONER HAS BURDEN TO PROVE NON-COMPLIANCE WITH THE ELECTORAL ACT

In the instant case, it is fundamental to point out that, from the pleadings, the allegation of non-compliance is generated by the Petitioners. Under Sections 134(1) and 135 of the Electoral Act, the level of proof required for the success of the Petition is doubled. There must be proof of non-compliance and the further proof...

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