Whether the Originating Summons Procedure Is Suitable to Commence an Action where Allegations of Crime Are Directly in Issue

CASE TITLE: APC v. SHERIFF & ORS (2023) LPELR-59953(SC) JUDGMENT DATE: 6TH FEBRUARY, 2023 PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT: CHIMA CENTUS NWEZE, J.S.C. SUMMARY OF JUDGMENT: INTRODUCTION: This appeal borders on electoral matters. FACTS: The case of the 1st Respondent at the Federal High Court, Damaturu was that he won the primary election of the Appellant…

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Whether Membership of a Political Party Is the Internal Affair of a Party

CASE TITLE: ENANG v. ASUQUO & ORS (2023) LPELR-60042(SC) JUDGMENT DATE: 7TH MARCH, 2023 PRACTICE AREA: ELECTORAL MATTERS LEAD JUDGMENT: KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. SUMMARY OF JUDGMENT: INTRODUCTION: This appeal borders on the justiciability of matters relating to the grant of waiver by a party/membership of a political party. FACTS: This appeal is against the judgment…

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The Legal Impropriety Of Refusal To Reschedule Elections Which Either Did Not Hold Or Were Marred By Violence, And The Legal Remedies Available To Voters In Nigeria

By Fred Ogundu-Osondu Although democracy has been the backbone of Nigeria’s political system since its independence in 1960, the Nigerian brand of democracy has been a source of great instability to the country and the well-being of its citizens. It is a foundational principle that the only way democracy can be maintained is by conducting…

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Could This Be A Conflict: Section 62(1) &(2),Electoral Act,2022 And Clause 38 Of The Regulations And Guidelines For The Conduct Of Elections, 2022

By Amauche Onyedum INTRODUCTION A lot has been said about the mode and procedure for the transmission of election results from the polling units. The various viewpoints of legal and non-legal minds, border on whether it is mandatory to transmit election materials manually and/or electronically, from the polling units. Despite these brilliant submissions, the situation…

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2023: Grounds For Challenging Conduct/Outcome Of Elections In Nigeria

By Festus Ogun, Esq Over the weekend, the Independent National Electoral Commission (INEC) conducted the Presidential and National Assembly Elections across all states of the federation and the Federal Capital Territory. While the results are filtering in, there are allegations by political candidates, electorates, stakeholders, political parties, observers and concerned citizens of the peculiar challenges…

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When Right of Action and Cause of Action Will Crystalize/Accrue in an Action Seeking a Declaration that Information/Document(S) Presented by a Candidate to INEC is False Under Section 29(5) of the Electoral Act, 2022

CASE TITLE:  EDEVIE v. OROHWEDOR & ORS (2022) LPELR-58931(SC) JUDGMENT DATE:  21ST OCTOBER, 2022 JUSTICES:  AMINA ADAMU AUGIE, JSC MOHAMMED LAWAL GARBA, JSC ADAMU JAURO, JSC TIJJANI ABUBAKAR, JSC EMMANUEL AKOMAYE AGIM, JSC PRACTICE AREA:  ELECTORAL MATTERS FACTS: ​The petition of Plaintiff was that the 1st Respondent presented false information, documents and forged certificates to…

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Is an Action Based on the Determination of Membership of a Political Party Justiciable

CASE TITLE:  ECHENDU v. UGONNA & ORS (2022) LPELR-58890(CA) JUDGMENT DATE:  3RD NOVEMBER, 2022 JUSTICES:  RITA NOSAKHARE PEMU, JCA OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, JCA IBRAHIM WAKILI JAURO, JCA COURT DIVISION:  OWERRI PRACTICE AREA:  ELECTORAL MATTER FACTS: The 1st Respondent, Hon. Ozurigbo Ugonna, had participated in the primary elections of the 2nd Respondent (Peoples Democratic Party) for…

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Pre-Election Matters Under the New Electoral Dispensation Simplified

George Olatunde Babalola,SAN, FCARB Meaning of Pre-Election Matters Election litigation is bound to occur in an electoral process. This is because, before every General Election is conducted in Nigeria, the Political Parties are required by law to conduct internal primary elections to nominate candidates that will represent them at the election. Disputes often arise from…

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POWER OF THE GENERAL PUBLIC TO SCREEN CANDIDATES AND RAISE OBJECTION AS TO QUALIFICATION UNDER THE ELECTORAL ACT

CASE TITLE: ABDUL-RAZAK & ANOR v. APC & ORS (2021) LPELR-53180(CA) JUDGMENT DATE: 18TH FEBRUARY, 2021 PRACTICE AREA: ELECTORAL MATTERS LEAD JUDGMENT: UCHECHUKWU ONYEMENAM, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Pre-election Matters. FACTS The appeal is against the judgment of the Federal High Court Abuja Judicial Division, delivered on 14th December, 2020 by IJEOMA…

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CAN INEC INITIATE PROCEEDINGS FOR THE PROSECUTION OF OFFENCES COMMITTED UNDER THE ELECTORAL ACT WITHOUT RECOMMENDATION FROM AN ELECTION PETITION TRIBUNAL

IBRAHIM MOHAMMED UMAR v.  FEDERAL REPUBLIC OF NIGERIA & ORS (2021) LPELR-53936(CA) JUDGMENT DATE: 14TH APRIL, 2021 JUSTICES: CHIDI NWAOMA UWA, JCA BITRUS GYARAZAMA SANGA, JCA JAMILU YAMMAMA TUKUR, JCA DIVISION: YOLA PRACTICE AREA: Criminal Law and Procedure – Offence of Conspiracy – Offence of Receiving Monetary Benefit FACTS: The Appellant in the appeal was…

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