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…

Continue Reading

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…

Continue Reading

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…

Continue Reading

EFFECT OF AN UNCONTESTED ISSUE THAT WAS VALIDLY RAISED IN A BRIEF OF ARGUMENT

PEOPLES DEMOCRATIC PARTY v. ADVANCED NIGERIA DEMOCRATIC PARTY (2020) LPELR-50993(CA) JUDGMENT DATE: 2ND OCTOBER, 2020 PRACTICE AREA: ELECTION LEAD JUDGMENT: OBANDE FESTUS OGBUINYA, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Electoral Matters. FACTS This appeal is against the majority decision of the Bayelsa State Governorship Election Tribunal, holden at Abuja, (hereinafter addressed as “the tribunal”,…

Continue Reading

1

WHETHER A PETITIONER CAN FRAME HIS GROUNDS FOR CHALLENGING AN ELECTION OUTSIDE THE GROUNDS PRESCRIBED BY LAW

CASE TITLE: WAYO & ANOR v. TYOUGH & ORS (2019) LPELR-48779(CA) JUDGMENT DATE: 1ST NOVEMBER, 2019 PRACTICE AREA: ELECTION PETITION LEAD JUDGE: ONYEKACHI AJA OTISI, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Election Petition. FACTS This is an appeal against the judgment and orders of the National and State Houses of Assembly Election Tribunal sitting in…

Continue Reading

1

REQUIREMENT OF THE LAW WHERE THERE IS AN ALLEGATION OF CORRUPT PRACTICES AND SUBSTANTIAL NON–COMPLIANCE WITH THE PROVISIONS OF THE ELECTORAL ACT 2010 IN AN ELECTION

CASE TITLE: OGEDEGBE & ANOR v. OPUORU & ORS (2019) LPELR-48776(CA) JUDGMENT DATE: 4TH NOVEMBER, 2019 PRACTICE AREA: ELECTION PETITION LEAD JUDGE: BIOBELE ABRAHAM GEORGEWILL, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on election petition. FACTS This is an appeal against the decision of the National and State Houses of Assembly Election Tribunal, Asaba, Delta State….

Continue Reading

WHAT A PETITIONER MUST SHOW TO PROVE SUBSTANTIAL NON-COMPLIANCE WITH THE PROVISIONS OF THE ELECTORAL ACT AND APPROVED GUIDELINES

 CASE TITLE: ADESINA & ANOR v. INEC & ORS (2019) LPELR-48662(CA) JUDGMENT DATE: 14TH OCTOBER, 2019 PRACTICE AREA: ELECTION PETITION LEAD JUDGE: NONYEREM OKORONKWO, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on election petition. FACTS The Petitioners/appellants filed a petition before the trial Tribunal and challenged the election and return of the 2nd respondent in respect…

Continue Reading

HOW TO QUESTION THE LAWFULNESS OF VOTES CAST IN AN ELECTION

CASE TITLE: FIJABI & ANOR v. INEC & ORS (2019) LPELR-48660(CA) JUDGMENT DATE: 14TH OCTOBER, 2019 PRACTICE AREA: ELECTION PETITION LEAD JUDGE: JIMI OLUKAYODE BADA, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on election petition. FACTS This is an appeal against the Judgment of the National and State House of Assembly Election Petition Tribunal, Ibadan, Oyo…

Continue Reading

PROVING AN ALLEGATION OF INFLATION OR REDUCTION OF VOTES CAST IN AN ELECTION

CASE TITLE: ABDUL & ANOR v. GODIYA & ORS (2019) LPELR-48487(CA) JUDGMENT DATE: 16TH SEPTEMBER, 2019 PRACTICE AREA: ELECTION PETITION LEAD JUDGMENT: JOSEPH EYO EKANEM, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Election Petition. FACTS This appeal is against the judgment of the National and State Houses of Assembly Election Petition Tribunal, Lafia (coram Igoh,…

Continue Reading

EFFECT OF THE DECISION OF AN ELECTION TRIBUNAL PREVENTING SUBPOENAED WITNESSES FROM TESTIFYING ON GROUND OF NON-FILING OF WITNESS DEPOSITIONS ON OATH

If you find this case helpful and would like to access more cases like this, please subscribe to LawPavilion PRIME here CASE TITLE: BASHIR & ANOR v. KURDULA & ORS LPELR-48473(CA) JUDGMENT DATE: 7TH SEPTEMBER, 2019 PRACTICE AREA: ELECTION PETITION LEAD JUDGMENT: AMINA AUDI WAMBAI, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Election Petition. FACTS This is…

Continue Reading

1 2