The Principle of Margin of Lead in an Election

CASE TITLE: YABO & ANOR v. INEC & ORS (2023) LPELR-61429 (CA)
JUDGMENT DATE: 16TH DECEMBER, 2023
PRACTICE AREA: ELECTION PETITION
LEAD JUDGMENT: PETER CHUDI OBIORA, 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 Houses of Assembly Election Tribunal, Sokoto State, sitting in Sokoto, in respect of the election for the Member representing Yabo/Shagari Federal Constituency of the Federal House of Representatives.

The election that gave rise to the petition was conducted on the 25th day of February, 2023. At the end of the day, the two leading candidates were the 1st appellant of the People’s Democratic Party and the 2nd respondent of the All Progressives Congress, who were credited with 24,792 votes and 22,497 votes, respectively.

On the 26th day of February 2023, the returning officer for the election declared and returned the 1st appellant as the winner of the election. Subsequently, and as the 2nd and 3rd respondent alleged, the 1st respondent declared the election inconclusive along with other elections for the Senate and House of Representatives conducted across all the Senatorial Districts and Federal Constituencies in Sokoto State and set down the 15th day of April, 2023 for supplementary elections. The said supplementary election did not hold for the House of Representatives on the 15th day of April, 2023, and the 1st respondent later issued a Certificate of Return to the 1st appellant authenticating him as the winner of the election. The 2nd and 3rd respondents challenged the declaration and return of the 1st appellant by filing a Petition, predicated on a sole ground, namely:

The election of the 2nd respondent was invalid by reason of non-compliance with the provisions of the Electoral Act, 2022.

​The three respondents to the petition separately filed their Replies to the petition with each of them embedding notice of preliminary objection in their said Replies. At the end of a full trial, the trial tribunal delivered its judgment in favour of the petitioners by declaring the election inconclusive and ordering the 1st respondent to conduct a supplementary election in 26 polling units in order to determine the winner of the election.

The 2nd and 3rd respondents/appellants were dissatisfied with the judgment of the trial Tribunal and appealed.

ISSUES FOR DETERMINATION:
The Court determined the appeal on the following issues:

1. “Whether, in the circumstances of this case, the petition is statute-barred having been filed 66 days after the expiration of the requisite 21 days for filing an election petition,
2. Whether, in the circumstances of this case and having regard to evidence adduced before the Tribunal, the election that returned the 1st Appellant elected as the duly elected member for the House of Representatives for Yabo/Shagari Federal Constituency of Sokoto State in the National Assembly was appropriate and in substantial compliance with the Electoral Act, 2022, and ought to have been affirmed by the Tribunal.”

DECISION/HELD:
In the final analysis, the Court dismissed the appeal.

• RATIOS:
• ELECTION PETITION – FILING/PRESENTATION OF ELECTION PETITION – Time within which to file an Election Petition; Computation of same and effect of failure to file a petition within time
• ELECTION PETITION – ELECTION RESULT – Position of law on the principle of margin of lead
• ELECTION PETITION – FILING OF PETITION – Time within which to file an election petition and how to determine when a cause of action accrues or arises in an election petition; when an election petition will be held to have been filed within time

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