Electoral matters -

Does Section 134 (2)(B) Of The Constitution Intend To Discriminate Against Non-FCT Voters?

By Oluwaleke Atolagbe After the announcement of the winner of the 2023 Presidential election, some persons including Legal Practitioners have attempted interpretation of Section 134 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (the Constitution). The said Section which prescribes two major Constitutional requirements for a Presidential Candidate to be…

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…

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…

Whether the First Runner-Up Can Replace the Winner of a Primary Election upon the Withdrawal of the Winner before Submission of His name to INEC

CASE TITLE: ABDULLAHI v. ARGUNGU & ORS (2023) LPELR-59950(SC) JUDGMENT DATE: 30TH JANUARY, 2023 JUSTICES: CHIMA CENTUS NWEZE, JSC AMINA ADAMU AUGIE, JSC MOHAMMED LAWAL GARBA, JSC HELEN MORONKEJI OGUNWUMIJU, JSC EMMANUEL AKOMAYE AGIM, JSC PRACTICE AREA: ELECTORAL MATTERS FACTS: The Kebbi North Senatorial primary election was validly held on 24-5-2022. One Alhaji Ibrahim Bawa Kamba…

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…

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…

Is INEC Empowered to Deregister a Political Party without Prior Notice or Hearing

CASE TITLE: PEOPLES DEMOCRATIC MOVEMENT v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ANOR. (2022) LPELR-58524(CA) JUDGMENT DATE: 17TH JUNE, 2022 JUSTICES: PETER OLABISI IGE, JCA BIOBELE ABRAHAM GEORGEWILL, JCA DANLAMI ZAMA SENCHI, JCA COURT DIVISION: ABUJA PRACTICE AREA: ELECTORAL MATTER FACTS: Peoples Democratic Movement (Appellant), a registered political party, contended at the trial Court that the…

NBA (Lagos) Electoral Reforms Sensitization Committee 2023 Elections; The Bar And The Bench As Democratic Drivers

THE SALIENT INNOVATIONS IN THE ELECTORAL ACT The fact that laws are not self-executory and the outcome of the election will be a reflection of our collective value and commitment. As much as the problem of our country is not a lack of laws but the implementation of it in all aspects, some innovative changes…

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…

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…