Election Petitions (568)
HELD:
"It is necessary to reiterate the fact that election and pre-election matters are sui generis and the limitation of time provided in the Constitution must be strictly adhered to.
HELD:
"In a recent decision of this Court in Appeal No. SC/CV/26/2023: Mazi Okwudili Nwa-Anyajike & Anor Vs INEC & Anor delivered on 17th February, 2023, the effect of Section 285(9) of the 1999 Constitution, as amended and how to determine when a cause of action accrues for the purpose of a limitation law was restated thus per Kekere-Ekun, JSC:
HELD:
"Section 285(9) of the 1999 Constitution, as amended, provides:
HELD:
"I agree that the action of the Appellant was presumptive and cannot be sustained.
HELD:
"...These are facts narrated by the Appellant himself, and the event on which he relies as the cause of action is the social media post of the second Respondent.
HELD:
"On the allegation of corrupt practices, the trial tribunal diligently and critically examined the evidence of PW1, PW2, PW3, PW5 and PW8 and came to the conclusion that the evidence of the aforementioned witnesses do not meet the standard of proof required in claim based on criminal allegation.
HELD:
"...In the light of the foregoing, the question I consider pertinent is whether or not complaints of corrupt practices and non compliance under Section 138 (1) (b) can be lumped together in one ground of a petition. For the purpose of this question, it is ideal to reproduce Section 138 (1) (b) of the Electoral Act, 2010 (as amended).
HELD:
"a party dissatisfied with or aggrieved by a decision/judgment of a Court in a pre-election matter and desires to appeal against same is required and must file a Notice of Appeal against such decision/judgment within the prescribed and limited period of 14 days from the date of the delivery of the decision/judgment.
HELD:
"Pre-election litigation has become a closed shop. It is no longer an all-comers affair; the law has provided for the category of person(s) who would have the locus standi to maintain a pre-election matter.