As we approach the 2023 general election, the political waves and atmosphere are already flooded with expectations from all corners of the nation with Political Parties flying their candidates and equally rehabilitating and reinvigorating their structures across the country in a bid to canvass votes for their party and candidates through social engineering and public enlightenment about citizens’ franchise.
These have resulted in party alignments and decamping of many from one political party to another and has equally degenerated into political crisis within and outside party’s domain. These crisis spin across both inter and intra party disputes. Intra party disputes include but are not limited to conducts of party primaries and membership status while inter party crisis include a host of post election disputes.
Furthermore, section 135 of the Act provides that an election cannot be invalidated by reason of mere noncompliance with the provision of the Electoral Act if in the opinion of the election tribunal or Court, such election was conducted substantially in accordance with the principles of the Act and the non-compliance did not substantially affect the result of the election.Contrary to popular belief, irregularities in an election is not a ground to challenge such election. In Ogboru v.
A petitioner who challenges an election on this ground will have to prove that the Respondent has fallen short of the requirements prescribed by the requisite provisions of sections 131,137, 177, 182 of 1999 Constitution presidential and governorship elections respectively and Sections 9, 65, 66, 106 and 107 for National Assembly and state House of Assembly elections.
7. He must not be under the employment of State or Federal Public Service within 30 days immediately before the date of the election ; 9. A candidate must be at least: a. 35 years of age for Presidential election; b. 35 years for Governorship and Senate elections; and c. 25 years of age for House of Representative and House of Assembly elections. 11. A candidate for Presidential and Governorship elections, should not have been elected to such office at any two previous occasions.
It has been stated that this ground particularly focuses on the the scores of the candidates and is related in a way to a complaint of malpractice, because malpractice depletes the votes of the party returned. It must be specifically pleaded by the petitioner in other to succeed.
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