Whether a Petitioner Who Alleges Non-Compliance with the Provisions of the Electoral Act Must Show How It Substantially Affected the Result of the Election

CASE TITLE: AMINU & ANOR v. INEC & ORS (2024) LPELR-61787(SC)
JUDGMENT DATE: 19TH JANUARY, 2024
PRACTICE AREA: ELECTION PETITION
LEAD JUDGMENT: UWANI MUSA ABBA AJI, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on Election Petition.

FACTS:
This appeal emanated from the judgment of Court of Appeal.

On March 18, 2023, and March 15, 2023, the 1st Respondent (INEC) conducted the Governorship Election and supplementary election, respectively, into the office of the Governor of Kebbi State. In the election, the 1st Appellant was sponsored by the 2nd Appellant, whilst the 2nd Respondent was sponsored by the 4th Respondent. The 3rd Respondent was the running mate of the 2nd Respondent. At the conclusion of the election, the 2nd Respondent was declared the winner, having scored the majority of lawful votes of 409,225 against the Appellants who scored 360,940, with the margin of lead being 48,285.

Dissatisfied with the outcome of the said election, the Appellants filed a joint Petition against the Respondents on May 5, 2023. At the hearing of the petition, the Appellants called 86 witnesses in proof of their petition. At the close of hearing, the trial tribunal delivered its judgment on 5/10/2023, dismissing the Petition for lacking in merit. Aggrieved by the judgment of the trial Tribunal, the Appellants on October 24, 2023, appealed to the Court of Appeal. On November 24, 2023, the Court of Appeal found the Appellants’ appeal unmeritorious and accordingly dismissed it. This impelled the Appellants’ appeal to the Supreme Court.

ISSUE(S) FOR DETERMINATION:
The Court determined the appeal on the following issues, viz:

1. “Whether the issue of the disqualification of the 3rd Respondent to contest the Kebbi State Governorship election was not proved by the Appellants as a pre-election matter?”
2. “Whether the lower Court was wrong to hold that the alternative ground of non-compliance with the Electoral Act, 2022, was not was proved by the Appellants? “

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

RATIOS:
• COURT – JURISDICTION – Whether jurisdiction can be conferred on the Court by parties
• ELECTION PETITION – ELECTION PETITION PROCEEDINGS – Whether a document/written statement on oath of witness(es) not frontloaded within the time prescribed for filing a petition or filed with the petition can be utilized in the proceedings
• ELECTION PETITION – DISQUALIFICATION OF CANDIDATE – Whether the issue of disqualification of a candidate on grounds of false information is a pre-election matter; time limit; and Court with the jurisdiction to challenge same
• ELECTORAL MATTERS – QUALIFICATION/DISQUALIFICATION – Burden and standard of proof required where there is an allegation of false information and the presentation of a false or forged document or educational certificate to INEC
• ELECTION PETITION – ALLEGATION OF NON-COMPLIANCE WITH THE ELECTORAL ACT – Position of the law where a petition is premised on the ground of non-compliance
• ELECTION PETITION – ALLEGATION OF NON-COMPLIANCE WITH THE ELECTORAL ACT – Whether a petitioner who alleges non-compliance with the provisions of the Electoral Act must show how it substantially affected the result of the election

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