Election Petitions (568)
It is the political party that contests elections even through its candidates and there is no provision in our law for independent candidates. Amaechi v. INEC (2007) 18 NWLR (Pt.l065) 170 and section 221, 1999 Constitution of the Federal Republic of Nigeria. Faleke v. INEC & Ors[2016] 9 M. J. S. C [Po 64] Paras. B-C
FACTS:
The nomination and sponsorship of a candidate at an election is within the internal affairs of a political party and therefore not justiciable, except in the limited circumstances set out in Section 87(9) of the Electoral Act where a co-aspirant alleges that the relevant guidelines of the political party or the provisions of the Electoral Act were not followed, in which case, it is the Federal High Court or the High Court of a State or Federal Capital Territory that would have the necessary jurisdiction to entertain the matter. In other words, they are pre- election issues. Ukachukwu v. PD.P (2014) 45 CNJ (Pt.11) 474 at 522 - 523; PD.P v. Onwe (2011) ·1 NWLR (Pt. 1230) 166 at 172 - 173 F - B; Amaechi v. INEC (2007) 18 NWLR (Pt.1065) 170 at 203 A-C Faleke v. INEC & Ors[2016] 9 M. J. S. C [Po 62] Paras. C-E
FACTS:
By the provisions of section 285(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) a Governorship Election Tribunal shall have original jurisdiction, to the exclusion of any other court or Tribunal, to hear and determine petitions as to whether any person has been validly elected to the office of Governor or Deputy Governor of a State. Thus, it is the enabling statute that determines the jurisdiction of the Tribunal and not any pronouncement by a court of coordinate jurisdiction. Faleke v. INEC & Ors[2016] 9 M. J. S. C [Po 61] Paras. D-F
FACTS:
The Supreme Court will not readily interfere with concurrent findings of fact by the two lower court unless such findings are inter alia perverse, not supported by the evidence on record, or where there is a substantial error on the face of the record or some miscarriage of justice has occurred. Tarzoor v. loraer (2016) 3 NWLR (Pt. 1500) 463 at 522 A - D,' Akeredolu v. Akinremi (No.3) (1989) 3 NWLR (Pt. 1 08) 164,' Gbadamosi v. Dairo (2007) 3 NWLR (Pt. 1021) 282. Faleke v. INEC & Ors[2016] 9 M. J. S. C [Po 59]- Paras. B-C
FACTS:
The choice of a candidate in an election is within the exclusive preserve of a political party and non- justiciable, so long as the party acts within its guidelines. P.D.P & Anor. v. Sylva (2012) LPELR - 7814 (SC) at 64- 66 F - B,' Onuoha v. Okafor (1983) 2 SCNJ 244,' Dalhatu v. Turaki (2003) 15 NWLR (Pt.843) 310,' Ukachukwu v. P.D.P. 2014 4 SCNJ (Pt. II) 477. Faleke v. INEC & Ors[2016] 9 M. J. S. C [Po 52] Paras. D-F
FACTS:
By section 221 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) no association other them a political party, shall canvass for votes for any candidate at any election or contribute to the funds of an)' political party or to the election expenses of any candidate at an election. Faleke v. INEC & Ors[2016] 9 M. J. S. C [P. 51] Paras. G-A
FACTS:
By virtue of the provision of chapter 3, paragraph 3.11, step 14 of the Manual for election officials (updated version) Returning officer for the Governorship election shall, where the margin of win between the two leading candidates is not in excess of total number of registered voters of the polling unit(s) where elections were cancelled or not held, decline to make a return until another poll has taken place in the affected polling unit(s) and the results incorporated into a new Form EC8D and subsequently recorded into a new form EC8E for Declaration and Return. Faleke v. INEC & Ors[2016] 9 M. J. S. C [Po 47] Paras. B-E
FACTS:
Return is defined as the declaration by a returning officer of a candidate in an election under this Act as being the winner of that election. "In other words, the Returning Officer makes a declaration on behalf of the Electoral body of the final outcome of the election it conducted, which is in effect, a confirmation that the legal requirements for that particular election have been met. Faleke v. INEC & Ors[2016] 9 M. J. S. C [Po 44] Paras. B-D
FACTS:
The constitution in Section 153(l)(f) & (i) provides for the establishment of the Independent National Electoral Commission (INEC), which, pursuant to paragraph 15 of Part 1 of the third Schedule thereto, has power inter alia to "(a) organise, undertake and supervise all elections to the offices of the President and Vice President, the Governor and Deputy Governor of a State and the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation,' and (I) to carry out such other functions as may be conferred upon it by an Act of the National Assembly. " Pursuant to Section 160(1) of the constitution. INEC has the power, by rules or otherwise to regulate its own procedure or confer powers and impose duties on any officer or authority for the purpose of discharging its function.Faleke v. INEC & Ors[2016] 9 M. J. S. C [Pp. 43-44] Paras. F-G
FACTS:
By the provisions of section 181 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) " If the person duly elected as Governor dies before taking and subscribing to the Oath of Allegiance and Oath of Office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy Governor shall be sworn in as Governor and he shall nominate a new Deputy- Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State. " Faleke v. INEC & Ors[2016] 9 M. J. S. C [Po 42] Paras. E-G
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