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NIGERIAN ELECTION LAWS



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ELECTION MATTERS & PETITION LAW [POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR]

Election Petition Litigation - Election Monitoring - INEC Filings & Monitoring - Corporate Bodies & Election Support - Tax Compliance & Elections - Election Finance - State/Local Government Elections - Election Ethics Advisory - Election Crime Defence - Election Rerun & Transition Mgt. - Election Staff & Labour Law – Elections & Intellectual Property Rights – Post-Election Assets Mgt.

Comprehensive A-Z PDF Copy of the Index below complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or
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TITLE

MAIN ISSUES

ABENGOWE V. WACHUKU

ELECTION LAW/MATTERS:- Election Petition - Spoilt and invalid ballot papers - Grounds for invalidating elections - Breach of regulations by presiding officer –How treated

ELECTION LAW/MATTERS:- Breach of election regulations by election officers – When would lead to cancellation of election outcome – Nature of non-compliance required to invalidate an election

ABIMBOLA DARAMOLA V. WALE ARIBISALA & ANOR

ELECTION PETITIONS - COMPUTATION OF TIME: Whether the provisions of Section 141 of the Electoral Act is an exception to the provision of the Interpretation Act on computation of time

ELECTION PETITIONS - COMPUTATION OF TIME:- Whether Sunday is a public holiday and as such can not be counted in computing the time within which an election petition must be presented

ABIODUN OLAOSEBIKAN V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

ELECTION PETITIONS - RIGHT TO PRESENT AN ACTION: Importance of locus standi as it relates to jurisdiction of a court to hear a matter

ACTION CONGRESS OF NIGERIA V. SULE LAMIDO & ORS

 

ADEBUSUYI  V. BABATUNDE ODUYOYE

ELECTION LAW/PETITION: - Candidates for election – Meaning and ambits – Nomination of candidates by a political party for an election – Statutory basis – Implication and bindingness on electoral body and locus standi to bring election proceedings

ELECTION LAW/PETITION: - Locus standi to present election petition - How determined - Candidate nominated at party primary but not presented to Electoral body as candidate of the party - Whether has locus standi to bring election petition

ELECTION LAW/PETITION:- Parties to election petitions  - Who can present election petition – Proper parties – Effect of failure to join same – Intra-party affairs – whether Court has jurisdiction to entertain petition arising from same – Whether it is settled law, that a court of law does not engage itself in the determination of a political or intra party matter

ADEGOROYE V. ALLIANCE FOR DEMOCRACY

ELECTION:– Failure to conduct screening exercise – whether this is a decision to be appealed against internally first under the guidelines of Alliance for Democracy before going to court.

ELECTION:– Sponsorship for political post – determination of – provisions of section 221 of the 1999 Constitution and the Electoral Act, 2002 considered therein.

ADELODUN V. THE QUEEN

ELECTION MATTERS:- Post Election Conflicts – Effect thereof on family and criminal justice system

ADETUNJI AKANDE V. I.N.E.C & ORS

ELECTION PETITIONS - DUTY OF A PETITIONER:- Duty of a petitioner that intends to institute an action against the result of an election

AHMED JAMILU SHABEWA & ANOR V. UMAR AHMED SULEMAN & ORS

ELECTION PETITION - UNLAWFUL EXCLUSION FROM ELECTION:- What a Petitioner who claims that he was validly nominated by his party but was unlawfully excluded from the election must plead and prove by evidence in his petition

AIYELABEGAN KAYODE A. & ANOR V. SALMAN ABDULFATAI & ORS.

 

AKANDE V. ADEDAMOLA

 

AKINWE VICTOR ADESULE V. AKINFOLARIN MAYOWA S. & ORS

ELECTION PETITIONS - COMPUTATION OF TIME: When time begins to run for presentation of election petitions

ALAHASSAN & ANOR V. MR. DARIUS DICKSON ISHAKU & ORS

ELECTION LAW/PETITION - NON-QUALIFICATION OF A CANDIDATE:- Proper order to make where a tribunal finds that winner of an election is disqualified

ELECTION LAW/PETITION - JURISDICTION OF ELECTION PETITION TRIBUNAL:- Pre-Election matter - Whether an Election Petition Tribunal has jurisdiction to inquire into primaries of political party

ELECTION LAW/PETITION -NULLIFICATION OF ELECTION:- Nullification of election of successful candidate on ground of lack of qualification required for the election - Effect of

ALH. BADAMASI KABIR & ANOR V. ACTION CONGRESS (AC) & ORS.

ELECTION PETITIONS - AMENDMENT OF ELECTION PETITION: Whether the general principles of amendment in normal civil matters are not applicable in election petition

ALHAJI KASHIM SHETTIMA & ANOR V. ALHAJI MOHAMMED GONI & ORS

ELECTION PETITION – time for hearing an appeal from a decision of an election tribunal or court

ALHAJI MUHAMMADU MAIGARI DINGYADI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION

 

ALL PROGRESSIVES CONGRESS V. PEOPLES DEMOCRATIC PARTY & ORS

ELECTION LAW/PETITION - PARTIES TO AN ELECTION PETITION: Section 137 of the Electoral Act, 2010 as amended - Statutorily delimited parties to an election - Statutory delimitation of who may be a respondent in an election petition - Whether electoral officer, returning officer and other staff or agents of the Electoral Commission as well as policemen and soldiers can be joined as parties to an election petition

ARC. AUSTIN ASEMA ACHADO & ANOR V. CHRISTIANA ALAAGA & ORS

ELECTION LAW/MATTERS:-  Election Tribunal - Delivery of judgment - Whether an election tribunal is required to deliver its judgment in writing in an election petition within 180 days from the date of filing of the petition - Sections 285(6) and 134 (2) – Whether provisions thereof are mandatory and leaves no room for discretion – Whether tribunal and appellate court are bound to strictly comply with the above provisions – Whether computation of time does not stop because of intervening factors like an earlier appeal, which was allowed, in which an order for trial on the merits were given – Whether an order for trial on the merits or retrial cannot form the basis or be an excuse or reason to hear an election petition beyond 180 day

ATTORNEY-GENERAL OF THE FEDERATION V. ATIKU ABUBAKAR

ELECTION MATTERS - POLITICAL PARTY - Political parties - Aims and objects of - Need to conform with provisions of Chapter II of 1999 Constitution.

ELECTION MATTERS - Presidential election - Office of Vice-President - Candidate therefor- Nomination of-Procedure therefor-When deemed duly elected - Section 142, 1999 Constitution.

AWOLOWO V. SHAGARI AND OTHERS

ELECTION LAW AND PETITIONS:- Election Petition - Presidential Election – Where there are more than 2 candidates - Provisions of subsection (1)(c) of S. 34A of Electoral Decree 1977 – What is required to be declared winner

ELECTION LAW AND PETITIONS:- Election Petition - Presidential Election – highest votes - Not less than one-quarter of votes cast - In each of at least two-thirds of all the states of the Federation – Meaning

AYUA V. ADASU

ELECTION PETITION:‑ Agency relationship in election cases ‑ How proved.

ELECTION PETITION:‑ Complaint of crime in civil cases ‑ Extent of proof ‑ Election malpractice ‑ Onus of proof ‑ On whom lies ‑ Standard required.

ELECTION PETITION:‑ Election petition cases ‑ Nature of ‑ Distinction between it and other civil proceedings

ELECTION PETITION:‑ Election tribunal ‑ Jurisdiction of‑ Whether competent to hear petition founded on allegation of crime ‑ Section 28 of Act No. 27 1989 and section 84 of Decree 50, 199] section 6(2)(3) and (5) 1979 Constitution ‑ Effect.

AZARE V. MAIHAJA

ELECTION PETITION:- Northern House of Assembly (Elected members) Electoral Regulation, 1956, reg. 140 - Ex pane application under.

BABA  BICHI V. HALADU

ELECTION PETITION:– Allegation of irregularities and electoral malpractices – where same is levied against electoral officers – class of Electoral Officers that can be held responsible therefor.

ELECTION PETITION:– Allegation of malpractices and other vices – whether same was made by petitioner against the Electoral Officers.

ELECTION PETITION:– Electoral Act 2002 – rationale for the mandatory provision of same.

ELECTION PETITION:– Electoral Officers – need to join same as necessary parties – provision of section 133 of Electoral Act 2002 considered.

ELECTION PETITION:– Electoral Officers – non-joinder of same – consequence of.

BAKAM V. ABUBAKAR

ELECTIONS:- Intra-party disputes - Party nomination - Jurisdiction of the High Court to determine - Whether extant.

ELECTIONS:- Sponsorship of candidate for election by political party - Whether-, a legal right - Whether justiciable

BARR. ENNOCH ETSU KWALI & ANOR V. HON. ISAH EGAH DOBI & ORS

ELECTION PETITIONS - BURDEN OF PROOF:- The burden of proof on a party to a petition who asserts existence of a fact as stated in Paragraph 4(1) - (3) of the Practice Direction of 2007

BENSON V. ONITIRI

ELECTION PETITION:– Grounds for disqualification for election as member of House of Representatives - Holder of public office –

ELECTION PETITION:– Whether disqualification of winner of an election amounts to the automatic election of opponent - Elections (House of Representa­tives) Regulations, 1958.

BOLIVINTER OIL SA  V. CHASE MANHATTAN BANK AND OTHERS

ELECTION:- Election into House of Assembly – Qualification therefor - Section 106 of the Constitution of the Federal Republic of Nigeria, 1990.

ELECTION:- Nomination and sponsorship of a candidate by a political party - Withdrawal of sponsorship - Mode of- Condition therefor - Withdrawal of candidate from election –Sections 23 and 25 of the Electoral Act, 2002.

ELECTION:- Withdrawal of political party from election - Mode of withdrawal - Candidate already nominated by the political party for the election not informed of withdrawal – Whether can bring election petition against the opponent.

ELECTION PETITION:- Preliminary objection to election petition - On what based - Extraneous facts - Whether can be basis for challenge thereto - Defects in election petition - When to raise objections thereto.

BONIFACE ISICHEI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

ELECTION PETITIONS - CONTENTS OF AN ELECTION PETITION: Contents of an Election petition as provided under the Electoral Act

BRIG. GEN. MOHAMMED BUBA MARWA & ORS. V. ADMIRAL MURTALA NYAKO & ORS

ELECTION MATTERS:- Presumption that an election is valid until the courts/tribunals declare it a nullity - Effect of nullification of an election - Issue of nullity - Legal consequences - Whether acts done by an office holder whose election has been nullified is valid in law - Whether the tenure of governors can be elongated on account of time lost to nullification of elections

BUHARI  V. DIKKO YUSUF

ELECTION PETITION:– How determined – Whether an appropriate tribunal provided by the Constitution is competent to adjudicate thereon

ELECTION PETITION:– Parties to an election petition – candidate who lost an election – whether proper to join as respondent on basis of right to fair hearing – section 133(2) Electoral Act 2002 considered.

ELECTION PETITION:– Parties to an election petition – How determined – Guidelines on persons who may be present or joined in an election petition.

ELECTION PETITION:– Persons interested in an election petition – How determined.

BUHARI  V. OBASANJO (NO. 2)

ELECTION PETITION:– Absence of attestation clause and signature of Secretary to an Election Tribunal – Whether renders election petition duly filed, endorsed and stamped incompetent

ELECTION PETITION:– Allegation of criminal offences in petition – Where proved – Duty of court or Tribunal thereto

ELECTION PETITION:– Attestation to and endorsement of petition – whether duty of Secretary or Registrar of court.

BUHARI  V. OLUSEGUN A. OBASANJO (3)

ELECTION PETITION:- Whether a political party, which sponsored, funded and campaigned for candidates, is a statutory party in an election petition

BUHARI V. OBASANJO

ELECTION MATTERS:- Conduct of election - Bias of electoral officials - Allegation of - How proved.

ELECTION MATTERS:- Conduct of election - Election materials - Certification of - Rationale therefor - On whom duty therefor resides

ELECTION MATTERS:- Conduct of election - Election materials - Certification of - Place therefor - Who can certify election materials - Section 67(3), Electoral Act, 2002

ELECTION MATTERS:- Conduct of election - Independent National Electoral Commission - Power of to issue regulations, guidelines and manuals for conduct of election - Scope of - Whether can issue regulations inconsistent with Electoral Act - Section 149, Electoral Act, 2002.

ELECTION MATTERS:- Conduct of election - Oath or affirmation required to be taken by electoral official - Failure to so take - When not fatal to election conducted by official - Section 18, Electoral Act, 2002

ELECTION MATTERS:- Conduct of elections - Statutory power with respect thereto - Where resides

ELECTION MATTERS:- Constitution (Basic Provisions) Decree, No. 32 of 1975 - Appointment as Head of Federal Military Government - Whether tantamount to election into Office of President

BUKAR MODU AJI V. CHAD BASIN DEVELOPMENT AUTHORITY & ANOR

 

CHIEF AKIN OMOBORIOWO & ORS V. CHIEF MICHAEL ADEKUNLE AJASIN

ELECTION PETITIONS - ELECTORAL MATTERS:- Procedure to prove the total number of votes scored by the candidates

ELECTION PETITIONS - ALLEGATION OF CRIMES: How courts treat a petition that contained some allegations of crime which were later abandoned?

ELECTION PETITIONS - PROPER PRAYER:- Whether court will grant a prayer outside the one set down in the petition

CHIEF EMMA ONUORAH EMESIM V. HON. CALISTA NWACHUKWU (MRS.) & ORS

ELECTION PETITIONS - CORRUPT PRACTICES:- Whether election can be nullified on the ground of corrupt practices or any other illegality committed in the process of the election where it can be proved that the candidate expressly authorised the illegality

CHIEF GREAT OVEDJE OGBORU & ANOR V. DR. EMMANUEL EWETAN UDUAGHAN & ORS.

ELECTION PETITIONS - DETERMINATION OF AN ELECTION PETITION APPEAL:- Whether the Court of Appeal still has jurisdiction to decide an appeal in an election petition appeal outside the prescribed sixty days

CIJEYU OJONG V. CHRISTOPHER SUNNY ETA & ORS

ELECTION PETITIONS - PRE-HEARING SESSION:- Whether the admission of documents and facts, hearing and determination of objections on points of law; inspection and production of documents, etc, are matters to be determined at the pre-hearing session

COMPAGNIE GENERALE DE GEOPHYSIQUE (NIGLT) CGG NIG LTD V. MOSES AMINU

 

CONGRESS FOR PROGRESSIVE CHANGE & ANOR V. HON. EMMANUEL DAVID OMBUGADU & ANOR

ELECTION PETITION/MATTERS - PARTY PRIMARIES:-The sole purpose of a party's primary election – Whether is the emergence of one of the contestants as the party's candidate at the general election - An inconclusive primary election – Whether cannot produce a candidate – Whether political party simply pick one of its members to bear its flag at the election without a primary

CONGRESS FOR PROGRESSIVE CHANGE & ORS V. MALLAM ISA YUGUDA & ORS

 

CYPRIAN CHUKWU V. MR. ROGERS SAM ICHEONWO & ORS

ELECTORAL MATTERS - PARTY'S CANDIDATE: Whether issues as to the selection of a party's candidate is a justiciable matter     

DEBO KAMAR AKANBI V. RAFIU ADEJARE BELLO & ORS.

 

DR. IME SAMPSON UMANAH V. OBONG (ARC.) VICTOR ATTAH & ORS

ELECTION PETITION/LAW: Governorship election

DR. UMAR ARDO & ANOR V. ADMIRAL MURTALA NYAKO & ORS

ELECTION MATTERS:- Courts - Whether can descend into the internal affairs of political parties as to choose their candidates for them - Whether court has the jurisdiction over disputes arising in the domestic domain of a political party - Jurisdiction of court invoked under section 87(9) of the Electoral Act- Effect of the introduction of section 34 of the 2005 Electoral Act - Duty of court to enforce compliance with the provisions of the parties' Constitution

ELENDU V. INDEPENDENT NATIONAL ELECTORAL COMMISSION

ELECTION LAW - PRE-ELECTION MATTERS:- Jurisdiction – Whether court can decide for a political party who should be its candidate for election -  Whether Federal High Court has the jurisdiction to entertain a suit at the instance of an aspirant who complains that any of the provisions of the Electoral Act and the guidelines of a political party has not been complied with in the selection or nomination of a candidate of a political party for election- Duty on complainant to act timeously

EMMANUEL V. UMANA & ORS

ELECTION PETITION - ALLEGATION OF CRIME: Standard of proof where an allegation of crime is made in an election petition

ELECTION PETITION - ALLEGATION OF NON-COMPLIANCE WITH ELECTORAL ACT:- What a Petitioner must establish to prove non compliance with the Electoral Act

ELECTION PETITION - CARD READER: Essence of a card reader in an election

EGBA ENANGI V. DR. MUSA INUWA

ELECTION PETITION:‑ Decision of the Chief Electoral Officer as to valid nomination of a candidate ‑ Whether precludes petitioner from challenging election result on ground of ineligibility of candidate.

ELECTION PETITION:‑ Election Petition Tribunal ‑ Scope of jurisdiction of ‑ Whet her can determine a question solely in the province of National Electoral Commission.

ELECTION PETITION:‑ Grounds on which petition could be based ‑ Where derived ‑ Section 33(c) or Section 91 of Decree No.50 of 1991


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