AN APPRAISAL OF THE REQUIREMENTS OF PROOF IN THE HEARING AND DETERMINATION OF ELECTION PETITION IN NIGERIA
AN APPRAISAL OF THE REQUIREMENTS OF PROOF IN THE HEARING AND DETERMINATION OF ELECTION PETITION IN NIGERIA
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Date
2014-06
Authors
TANIMU, Yakubu
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Abstract
Election petition is the only viable and recognized alternative open to any person or party
dissatisfied with the conduct of an election under our laws to ventilate his or her grievance(s).
Over the years litigants/petitioners have continued to patronize the election petition
tribunals/courts with minimal or no success as most of the petitions ended up being thrown out
for noncompliance with the applicable electoral legislation or want of proof. What provoked this
research was the need for an appraisal of the requirement of proof in the hearing and
determination of election petition with a view to unearthing why it is a near impossibility to
prove election petition anchored on some grounds. This research adopts a doctrinal method.
Relevant legislations, textbook, literature and particularly case laws are explored for a good
understanding of the requirements of proof under the Electoral Act, 2010 as amended. Although
there is an attempt by the Electoral Act 2010 as amended to address the issue of time frame for
hearing and determination of petition, it failed to address the age long agitation of technicalities
in the dispensation of electoral justice. The requirements that noncompliance must not only be
substantial but must substantially affect the result of the election and sundry other requirements
of proof appear to be a clog in the proof of election petition. It is advocated that electoral umpire
and judges should uphold substantial justice over and above technicalities. The requirement of
proof of noncompliance should be made optional and a mid-course approach should be adopted
in proof of corrupt practices instead of proof beyond reasonable doubt as currently practiced.
The thesis contains more revelations and startling recommendations
Description
A THESIS SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES,
AHMADU BELLO UNIVERSITY, ZARIA,
IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD
OF A
MASTER OF LAWS DEGREE (LL.M)
DEPARTMENT OF PUBLIC LAW
FACULTY OF LAW
AHMADU BELLO UNIVERSITY, ZARIA
NIGERIA
JUNE, 2014.
Keywords
APPRAISAL,, DETERMINATION,, ELECTION PETITION,, NIGERIA