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TO PROVE NON-COMPLIANCE MUST ALSO SHOW THAT NON-COMPLIANCE AFFECTED THE RESULTS OF THE ELECTION

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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

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WHERE A PERSON WHO ATTAINED THE HIGHEST VOTE IS DECLARED NULL, THE SECOND HIGHEST WITH VOTES IS TO BE DECLARED THE WINNER

By Section 136 (2) of the Electoral Act 2022, it is provided thus: “Where an Election Tribunal or Court nullifies an election on the grounds that person who obtained the highest votes at the election was not qualified to contest the election, the Election Tribunal or Court shall declare the person who scored the second highest number of valid votes cast at the election who satisfied the requirement of the Constitution and the Act as dully elected.” In law, once an Election Petition succeeds under Section 134 (1) of the Electoral Act 2022, the only consequential order for the Election Tribunal or Court, where the Election Tribunal fails to do so, is an order declaring and returning the candidate with the second highest score of lawful votes as the winner of the said election. Indeed, neither the Election Tribunal nor this Court, has any discretion in this matter nor is it dependent on the reliefs claimed or not claimed by the Petitioner.

— 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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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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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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SPONSORSHIP OF A CANDIDATE FOR AN ELECTION IS AN INTERNAL AFFAIR OF THE PARTY

The courts have held in a plethora of cases that the issue of membership of a political party is an internal affair of the political party. It has been consistently held, that it is only the party (in this case, the 3 rd Respondent), that has the prerogative of determining who are its members and the 3 rd Respondent, having sponsored the 2 nd Respondent as its candidate for the Governorship Election in Kano State on the 18 th of March 2023, the 2 nd Respondent has satisfied the requirement of being a member of the 3 rd Respondent as provided for in S134 (1) (a) of the Electoral Act 2022. Consequently, it has been held, that is not within the right of the Petitioner at this stage and after the nomination, sponsorship of the 2 nd Respondent by the 3 rd Respondent as its candidate, to question the 2 nd Respondents membership of the 3 rd Respondent, as it is an internal affair of the party.

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

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GROUNDS UPON WHICH AN ELECTION CAN BE QUESTIONED

The Electoral Act, 2022 in an explicit manner, has laid out clearly grounds upon which an election can be questioned in Section 134 thereof. Then there is Section 135 of the said Act which looks like a proviso to Section 134. For a proper appreciation of the intendment of the law, Section 134 and 135 of the Electoral Act must be considered together.

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

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ALLEGATIONS OF CRIME IN ELECTION PETITION MUST BE PROVED BEYOND REASONABLE DOUBT

Now, notwithstanding the fact that election petitions are a specie of civil proceedings, where in any such election petition, allegations, which are criminal in nature are made in the pleadings, they must be proved beyond reasonable doubt Abubakar v. Yar ‘Adua (2008) 18 NWLR (Pt. 1120) 1, 143; 144; Buhari v. Obasanjo (2005) 13 NWLR (Pt. 941) 1; Omoboriowo v. Ajasin (1984) 1 SCNLR 108; Kakih v. PDP (2014) 15 NWLR (Pt. 1430) 374, 422 – 423; B-C; Nwobodo v. Onoh (1984) 1 SCNLR 27-28; Emmanuel v. Umanah and Ors (2016) LPELR – 40037 (SC) 93 et seq. reported as Udom v. Emmanuel (2016) 12 NWLR (Pt. 1526) 179.

— Nweze, JSC. Anyanwu v. PDP (2020) 3 NWLR (Pt. 1710) 134

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