1. Introduction I am delighted at the invitation the organisers of this International Conference extended to me to share my thoughts on a subject that I consider apt and topical. To critically discuss the role of the Judiciary in determining the outcome of Elections in Nigeria would undoubtedly require more time than has been allotted […]
I am delighted at the invitation the organisers of this International Conference extended to me to share my thoughts on a subject that I consider apt and topical. To critically discuss the role of the Judiciary in determining the outcome of Elections in Nigeria would undoubtedly require more time than has been allotted to me.
The Electoral Act is very central to electoral adjudication. The Act envisages two main types of disputes- pre-election and post-election disputes. All disputes relating to disqualification, nomination, substitution and sponsorship of candidates for an election precede the voting proper in an election and are treated as pre-election matters.
The grounds upon which an election petition may be presented under Section 134 of the Electoral Act 2022 are as follows : The Act also provides that certain defects should not invalidate an election by stating that: “An Election shall not be liable to be invalidated by reason of non compliance with the provisions of this Act if it appears to the Election Tribunal or Court that the election was conducted substantially in accordance with the principles of this Act and that the non compliance did not affect substantially the result of the election.
The Supreme Court, in declaring the action of INEC void and of no effect, stated that disqualification is a judicial exercise of powers that do not extend to INEC. Musdapher, JSC, as he then was stated: A Secondary School Certificate or its equivalent or Grade 11 Teachers Certificate, the City and Guilds Certificate; orPrimary Six School Leaving Certificate or its equivalent and
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