MAGAJI V. A.P.C. (2024) 1 NWLR (PT. 1918) 1
ON WHEN PRE-ELECTION MATTER IS JUSTICIABLE AND WHEN NOT
By a combination of section 285(14)(a) of the1999 Constitution (as amended) and section 84 of the Electoral Act, pre-election matters such as a complaint from an aspirant at a political party’s primary election about the conduct of the primary election is justiciable. But where an issue between members of a political party borders on an alleged violation arising from the conduct of the political party’s congress to elect delegates or its officers, it would amount to the domestic affairs of the party which is not justiciable.
NNAJI V. NDUBUISI (2024) 5 NWLR (PT. 1930) 163
ON LIMIT TO PAGES OF WRITTEN SUBMISSION IN PRE-ELECTION AND ELECTION APPEALS AT SUPREME COURT
By virtue of paragraph 10(1)(a) and of the Supreme Court Pre-Election and Election Appeals Practice Direction, 2023, except otherwise directed by the Supreme Court, a written submission or a reply to the submission to be filed in the Supreme Court shall not exceed forty pages. A written submission or a reply which does not comply with the provisions of the paragraph shall not be accepted by the registry for filing. Paragraph 10(3) of the Practice Direction is emphatic and explicit that a written submission or reply which does not comply with the provisions of the paragraph shall not be accepted by the registry for filing. The language of the law is clear and unambiguous. (P.204, paras. C-E; G).
BARDE v. INEC (2024) 5 NWLR (Pt. 1932) 561
ON WHAT CONSTITUTE PRE-ELECTION MATTER
Pre-election matters are classified into:
(a) nomination of a candidate;
(b) double nomination of a candidate;
(c) disqualification of a candidate;
(d) wrongful substitution of a successful candidate’s name by the electoral body;
(e) wrongful omission of a successful candidate’s name by the electoral body;
(f) complaints about the conduct of primaries; and
(g) false declaration on oath about particulars of a candidate.
Akinlade v. I.N.E.C. (2020) 17 NWLR (Pt. 1754)439; A.P.M. v. I.N.E.C. (2022) 13 NWLR (Pt. 1846)159; A.P.C. v. Lere (2020) 1 NWLR (Pt. 1705) 254; Modibbo v. Usman (2020) 3 NWLR (Pt. 1712) 470; Gbileve v. Addingi (2014) 16 NWLR (Pt. 1433) 394 referred to (P. 610, paras. E-H).
BARDE v. INEC (2024) 5 NWLR (Pt. 1932) 561
ON TIME LIMIT FOR FILING APPEAL FROM DECISION IN PRE-ELECTION MATTER
Section 285(11) of the 1999 Constitution (as amended) requires an appeal from a decision in a pre-election matter to be filed within fourteen days from the date of delivery of the judgment appealed against. (P. 594, paras. C-D).
BARDE v. INEC (2024) 5 NWLR (Pt. 1932) 561
ON RIGHT OF ASPIRANT AT PRIMARY ELECTION TO FILE ACTION TO CHALLENGE AUTHENTICITY OF PARTICULARS SUBMITTED TO INDEPENDENT NATIONAL ELECTORAL COMMISSION BY CANDIDATE FOR ELECTION
By virtue of section 29(5) and of the Electoral Act, 2020, any aspirant who participated in the primaries of his political party who has reasonable grounds to believe that any information given by his political party’s candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirement to contest the election is false may file a suit at the Federal High Court, against the candidate seeking a declaration that the information contained in the affidavit is false. Where the court determines that any of the information contained in the affidavit is false only as it relates to constitutional requirements of eligibility, the court shall issue an order disqualifying the candidate and the sponsoring political party and then declare the candidate with the second highest number of valid votes and who satisfied the constitutional requirements as the winner of the election. (P. 592, paras. B-E).
BARDE v. INEC (2024) 5 NWLR (Pt. 1932) 561
ON TIME LIMIT FOR FILING APPEAL FROM DECISION IN PRE-ELECTION MATTER
Section 285(11) of the 1999 Constitution (as amended) requires an appeal from a decision in a pre-election matter to be filed within fourteen days from the date of delivery of the judgment appealed against. (P. 594, paras. C-D).
MAGAJI V. A.P.C. (2024) 1 NWLR (PT. 1918) 1
ON PRINCIPLES GUIDING HEARING AND DETERMINATION OF PRELIMINARY OBJECTION IN PRE-ELECTION MATTER
Section 285(8) of the 1999 Constitution (as amended) has not changed the position of the law that a preliminary objection challenging the jurisdiction of the Court must be heard first. The import of the section is that the preliminary objection can be heard first, but the ruling on it should be suspended till the delivery of judgment. (P. 31, paras. F-G).
BARDE v. INEC (2024) 5 NWLR (Pt. 1932) 561
ON RIGHT OF ASPIRANT AT PRIMARY ELECTION TO FILE ACTION TO CHALLENGE AUTHENTICITY OF PARTICULARS SUBMITTED TO INDEPENDENT NATIONAL ELECTORAL COMMISSION BY CANDIDATE FOR ELECTION
By virtue of section 29(5) and of the Electoral Act, 2020, any aspirant who participated in the primaries of his political party who has reasonable grounds to believe that any information given by his political party’s candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirement to contest the election is false may file a suit at the Federal High Court, against the candidate seeking a declaration that the information contained in the affidavit is false. Where the court determines that any of the information contained in the affidavit is false only as it relates to constitutional requirements of eligibility, the court shall issue an order disqualifying the candidate and the sponsoring political party and then declare the candidate with the second highest number of valid votes and who satisfied the constitutional requirements as the winner of the election. (P. 592, paras. B-E).