JURISDICTION AND
COMPOSITION
1.
GOVERNORSHIP ELECTION TRIBUNAL (SECTION 285(2) CFRN)
Composition
a)
The
Chairman------ Judge of the High Court
b)
Two
other Members appointed from the Judge of the High Court, kadis of sharia
court… other members of the Judiciary not below the rank of Chief Magistrate
QUORUM: The Chairman and at Least One
Member.
2.
NATIONAL
AND STATE HOUSES OF ASSEMBLY ELECTION TRIBUNAL (SECTION 285(1) CFRN, SECTION
133(2)(b) Electoral Act.
Composition
c)
The
Chairman------ Judge of the High Court
d)
Two
other Members appointed from the Judge of the High Court, kadis of sharia
court… other members of the Judiciary not below the rank of Chief Magistrate
QUORUM: The Chairman and at Least One
Member.
3.
COURT
OF APPEAL ( SECTION 239 CRFN 1999)
a)
Whether
any person has been validly elected into the office of the President or
Vice-President
b)
Whether
the term of office of the President or Vice-President has ceases
c)
Whether
the office has become vacant.
QUORUM: Three Justices of the Court of
Appeal
TAKE NOTE: An election petition must be
presented at the registry of the appropriate court or tribunal. Presenting the
petition in a wrong court or tribunal is a fundamental error which cannot be
rectified. OGBOLUMANI V OKOBI
Thus, a
petition filed at a wrong tribunal shall be struck out, and where it is not
subsequently re-filled before the appropriate tribunal within the 21 days
period, it becomes statute barred.
TIMELINES AND
EFFECTS
1.
The
Election
Tribunal is constituted not later than 14 days before the day of
the election AND its Registries must be opened for
business seven days (7) before the election
STATUTE:
SECTION 133(3) a & b ELECTORAL ACT.
2.
Time
to File Election Petition? (SECTION 285(5)CRFN 1999)
(PETITIONER).Must
be filed within 21 days from the date of the declaration of the result of the
election
EFFECTS;
a)
There
is no extension of time within which to file the Petition
b)
Failure
to file the petition within 21 days, the petitioner loses his right to relief
and he is statute barred. KAMBA V BAWA, MOGHALU V NGIGE
(RESPONDENT), he is to file reply
within 14 days of the service of the petition.
PETITIONER’S
REPLY: He is to file reply in answer to new issues raised within 5 days from the day he
received the respondent’s reply
3.
PRE-HEARING
NOTICE (Paragraph 18 of the First Schedule of the E.A)
Time
to apply: Within 7 days of filling and service of the last pleading; either
Petitioner’s reply or Respondent’s reply.
EFFECTS;
a)
He
can bring a motion for extension of time if he fails to apply within 7 days;
provided it is within the 180 days for the hearing of the case
Time
for Pre-hearing: It must be completed within 14 days of its commencement.
4
.
Time
to File final Written Address after close of Hearing of Petition
a)
The
last person to call evidence will file within 10days after the close of evidence
b)
The
other party shall file his own written address within 7 days of receipt
of the first party written address
c)
The
first party who files will reply on point of law within 5 days after the
service of the other party’s address.
N.B:
What determines the First party is the rule of the last shall be the first, so
if the Petitioner concludes his evidence and the respondent do not call any
evidence then the Petitioner will be first, but if the respondent calls
evidence then he respondent shall be the First.
5.
Time
to Deliver Judgment? (SECTION 285(6) CFRN 1999)
Must
be delivered in writing within 180 days from the date of filing the petition
EFFECTS:
a)
The
time cannot be extended or enlarged it is like Mount Zion which cannot be moved
b)
The
tribunal no longer has jurisdiction to hear the petition and this applies to
re-hearings. ABUBAKAR V GONI
6.
APPEAL
a.
Time
to File Appeal: within 21 days from the
date of the decision of the Tribunal. SECTION 143 E.A
b.
Time
to Dispose the Appeal: Within 60 days from the date of the delivery of the
Judgment of the Tribunal or of the Court of Appeal.
c.
Time
to Compile Records of Proceedings: 10 days from the date of the Notice of
Appeal
d.
Briefs
of Argument;
i.
Appellant:
Within 10 days from the date of Service of the Records of Proceedings
ii.
Respondent:
Within 5 days from the date of service of the Appellant’s Brief
iii.
Reply:
Within 3 days of Service of Respondent’s brief.
(CODE:
10-5-3…..)
EFFECTS: The Time specified cannot be
extended. MARWA V NYAKO
7.
Substitution
of Parties
a)
A
party can only validly withdraw a candidate if done not less than 45 days before the
election
COST AND EFFECTS
FILING FEES: This is must be paid and the
Petitioner should receive the Receipt of Payment of the filing fees from the
Secretary/ Registrar.
EFFECTS: If you fail to pay the filing
fees, it renders the petition invalid and it will be struck out unless the
tribunal orders otherwise. EZEANI V OKOSI
N.B: If the
petitioner pays part payment it is not fatal especially where the error is that
of the Secretary of the tribunal. In such a case there would be Stay of Proceedings
pending the full payment of the filing fees.
SECURITY FOR COSTS: At the time of presenting the
petition, the petitioner must deposit #200,000 with the tribunal.
EFFECTS: If he fails to pay it is not
fatal but the proceeding will be stayed until the security for cost is
extracted from the petitioner. NWOBODO V ONOH, PARAGRAPH 2(4)
N.B: There shall be
a further deposit of #200, 000 to make up for the costs of service of notices,
registered postings, and all other expenditures which may be occasioned by the
petitioner
PARTIES TO AN
ELECTION PETITION
1.
PETITIONER:
This is the person
that presents or files the petition. We have 2 categories of persons that can
file an election petition; (SECTION 137(1)]
a)
A
Candidate in an Election
b)
A
political Party which participated in the election.
N.B: A person who was validly
nominated and cleared but is unlawfully excluded by INEC can also file an
election petition either alone or with his political party. PPA V
SARAKI
2. RESPONDENT: [SECTION 137(2) ELECTORAL ACT;
a)
The
person whose election is complained of (The person who won the election
b)
The
political party whose candidate won the election
c)
INEC.
GROUNDS OF
PETITION
1)
That
a person whose election is questioned was, at the time of the election, not
qualified to contest the election;
2)
That
the election was invalid by reason of corrupt practices or non-compliance with
the provisions of Electoral Act
3)
That
the respondent was not duly elected by majority of lawful votes cast at the
election; or
4)
That
the petitioner or its candidate was validly nominated but was unlawfully
excluded from the election.
STATUTE: SECTION 138(1) (A) – (D)
ELECTORAL ACT 2010 AS AMENDED
CASE: OBI v.
ENWEREM.
EXPLANATION ON
THE GROUNDS
ALMIGHTY RULE: Grounds that are not within the
provisions of the act would lead to dismissal of the Petition. DOUKPOLAGHA
V GEORGE [1992]4NWLR (PT.236) 444
FIRST GROUND: That
a person whose election is questioned was, at the time of the election, not qualified
to contest the election
The
provision of 1999 CFRN provides for grounds of disqualification. These grounds
are basically the same except for variation in age qualification for persons
contesting election into various offices.
a)
Presidential
Election: Section 137----------------------
Age: 40years
b)
Governorship
Election: Section 182--------------------Age:
35 Years
c)
National
Assembly: Section 66-------------------------Age:
35 Years
d)
House
of Assembly: Section 107------------------------Age: 30 Years
The grounds for
disqualification are;
i.
He
is not a citizen of Nigeria
N.B:
The president and Governor must be citizen of Nigeria by Birth.
ii.
He
has been elected into such office at any two previous occasions (applicable to
President and Governor only)
iii.
He
is adjudged a lunatic or a person of unsound mind
iv.
He
is an undischarged bankrupt
v.
He
is under a death sentence or a sentence of imprisonment for an offence
involving dishonesty or fraud
vi.
Within
a period of less than ten (10) years prior to the election, he has been convicted and sentenced
for an offence involving dishonesty or he has been found
guilty of a contravention of the Code of Conduct
vii.
He
is employed by the public service of the Federation or of a State and he does
not resign, withdraw, or retire from such employment thirty (30) days before the date
of the election.
In
MBUKURTA v. ABBO where it was held that a person on leave of absence was still
in the employ of his employer for the period of leave had not met the
requirements of resignation, withdrawal or retirement
viii.
He
is a member of a Secret Society and
ix.
He
has presented a forged certificate to the Independent National Electoral
Commission.
x.
He
must be a member of a Political party and
xi.
He
is sponsored by that Political Party
xii.
He
should be educated up to at least School Certificate level or its equivalent.
N.B: The position
of the law is that an indictment is not sufficient to deny a citizen
eligibility to contest unless and until he has been prosecuted and found guilty
by a competent court of law. AMAECHI V
INEC
COMMENCEMENT AND
FRONTLOADING
An
Election Petition is commenced by PETITION
The
PETITION must be accompanied with the following documents;
a) A
list of the witnesses that the petitioner intends to call in proof of the
petition
b) Written
statements on oath of the witnesses; and
c) Copies
or list of every document to be relied on at the hearing of the petition.
Paragraph
4(5) of the First schedule to the Electoral Act as amended
EFFECTS:
Failure to comply with this frontloading requirement is that
the petition would not be accepted for filing by the Registrar. ACN V
LAMIDO, Paragraph 4(6) of the First schedule to the Electoral Act as amended
THE CONTENT OF THE
PETITION
1.
Heading
of the appropriate tribunal or court
2.
Petition
Number
3.
Names
of Parties interested in the Election Petition
4.
The
right of the Petitioner to bring or present the petition
5.
The
holding of the election, the result of the election, the scores of the
candidates and the person returned as winner
6.
Grounds
for the petition
7.
Facts
in support of the grounds of the Petition
8.
Prayers
and reliefs sought
9.
Address
for service and occupier
10. Signature of the petition or his
solicitor, if any, named at the foot of the election
Para.
4(1) First schedule to Electoral Act
N.B:
By Paragraph 4(7) of the First schedule to the Electoral Act as amended,
failure to comply with the above requirements or any of them renders the
petition defective and it may be struck out.
THE
DRAFT OF PETITION
IN THE NATIONAL ASSEMBLY ELECTION
PETITION TRIBUNAL OF DELTA STATE OF NIGERIA
HOLDEN
AT ASABA
PETITION
NO:.......
ELECTION TO THE NATIONAL ASSEMBLY FOR ASABA NORTH SENATORIAL
DISTRICT HELD ON SATURDAY THE 4TH OF APRIL 2014
BETWEEN
1. DR. VINCENT BROWN ............................................................1ST
PETITIONER
2. NATIONAL NIGERIAN PARTY……………………………….
AND
1. CHIEF BEN OKAGBUE………………………………….
2. UNITY CONGRESS PARTY……………………………..
3. INDEPENDENT NATIONAL ELECTORAL
COMMISSION ......... RESPONDENT
THE PETITION OF DR.VINCENT OF NO 2 UCHE ROAD, ASABA NORTH,
DELTA STATE, WHOSE NAMES IS SUBSCRIBED
1. Your Petitioner, Dr. Vincent Brown
of No 2 Uche Road, Asaba. Delta State, was a candidate in the senatorial
election of Asaba North Federal Constituency of Delta State held on 4TH
of April, 2014
2. The Petitioner contested the said
election under the platform of National Nigerian Party.
3. The 1st Respondent who contested the
election under the Unity Congress Party was declared winner of the election by
the 3rd Respondent on the 5th of April 2014 despite the
irregularities and corrupt practices in the conduct of the election.
4. The result of the election as
announced by the 3rd Respondent are as follows;
RESULT OF THE ELECTION
CANDIDATE NUMBER
OF VOTES
Dr. Vincent Brown
(Petitioner)
|
5,419
|
Chief Ben Okagbue (1st
Respondent)
|
8,341
|
Invalid Votes
|
200
|
TOTAL VOTES CAST 13960
D2ATE OF THE ELECTION: 4th OF APRIL 2014
NAME OF THE RETURNING OFFICER:
PROFESSOR DERIN MUSA
GROUNDS ON WHICH THE PETITION IS BROUGHT
1. The 1st Respondent who was
declared winner of the election by the 3rd Respondent was not as at
the time of the election was not qualified to contest same.
2. That the election was invalid by
reason of corrupt practices and non-compliance with the provision of the
Electoral Act 2010
FACTS IN SUPPORT OF THE PETITION
1)
That
the 1st Respondent is an ex-convict having been convicted and sentenced to
three years imprisonment for forgery sometimes in November, 2009.
2)
At
about the hour of 11am there were incidents of over voting perpetrated by the
agents of the 1st and 2nd Respondents at Asaba Ward B
& C and at their instance or to their knowledge and these acts of over voting
were brought to the attention of the 3rd Respondent
3)
There
was incidents of ballot box snatching at Asaba Ward A, Unit 1 by 2 Unity
Congress Party politician namely Kofo Masa and Paul Zahara for the 1st
and 2nd Respondent
4)
There
was unlawful campaign by agents of the 1st Respondent at the venue
of the election
PRAYERS
WHEREOF
the Petitioner prays as follows
i)
A
DECLARATION that the 1st Respondent
was not qualified to contest the Asaba North Federal Constituency legislative
election of Delta State held on 4TH of April 2014
ii)
AN ORDER DECLARING that the return of the 1st
Respondent as the member of the Senate of the National Assembly by the 3rd
Respondent in the election held on 4th April 2014 is null and void
iii)
AN ORDER FOR A RE-RUN for the Senatorial District of
Asaba North Federal Constituency, Delta State on a date to be fixed by the 3rd
Respondent.
DATED this 10th day of April, 2014
_____________________
Petitioner’s Counsel
S.O DERIN Esq,
Group4hub & CO,
5, Uche Road, Asaba,
Delta State.
ADDRESS FOR SERVICE:
Petitioner
No 2 Uche Road, Asaba. Delta State
OCCUPIER
DR. VINCENT BROWN
1. 1st Respondent
89, Ebiti Road, Asaba.
OCCUPIER
Chief Ben Okagbue
2. 2nd Respondent
UNITY CONGRESS PARTY
House 10, Salma Estate, Asaba.
OCCUPIER
CHIEF UGO VALENTINE
3. 3rd Respondent
Independent National Commission
26 Independent Way, Asaba.
OCCUPIER
INDEPENDENT
NATIONAL ELECTORAL COMMISSION
--------------------------------------------------
Dr. Vincent Brown
Signed before me this------------
day Of -----------------20-------------
-------------------------------------
Secretary
PRE-HEARING
SESSION AND SCHEDULING
THE PURPOSE: At this stage the
Tribunal addresses the following matters;
a)
Dispose
of all matters which can be dealt with on Interlocutory Application
b)
Give
such directions as to the future course of the petition
c)
Fixing
clear dates for hearing of the Petition
d)
Hearing
and determination of objections on Point of law
e)
Formulation
and settlement of issues
f)
Amendment
and further and better Particulars…..etc
THE
PROCEDURE;
RULE
1
Within
7 days after the filing and service of petitioner’s reply or respondent’s
reply, the petitioner applies for the pre-hearing notice in Form
TF008. The application is by Motion on Notice, Affidavit and
Written Address. Note that if the petitioner fails to apply within the
prescribed seven (7) days, he can bring a motion for extension of time within
which to apply for the pre-hearing notice. Provided it is within the 180days
for the hearing of the case.
Then the Tribunal issues the Pre-Hearing
notice accompanied by a Pre-hearing Information Sheet in FORM TF009.
RULE
2
Where
the Petitioner fails to apply for the Pre-Hearing Notice, the Respondent can
either;
a)
Bring
the Application OR
b)
Apply
for an Order dismissing the Petition via Motion which must be served on the
Petitioner. PARA 18(3) FIRST SCHEDULE
RULE
3
Where
both parties fail to apply for Pre-Hearing Notice, the Tribunal shall dismiss
the Petition as an ABANDONED PETITION.
EFFECT:
The
order of dismissal is final and the tribunal or court shall be functus officio.
SALVADOR
V INEC
ATTENDANCE
AT THE PRE-HEARING SESSION
Attendance
of parties at the Pre-Hearing Session is Mandatory;
a)
If
the Petitioner fails to attend, the Petition will be dismissed…PARA
18(11)
b)
If
the Respondent fails to attend Judgment will be entered against him…PARA
18(11)
N.B:
Such Judgment can be set aside upon an application made by the Respondent
within 7 days of the Judgment with order as to cost of #20,000. The application
to set aside must be accompanied by;
a)
An undertaking to participate effectively in the Pre-Hearing Session signed
jointly by the respondent and his Legal Practitioner
N.B:
This does not apply to dismissal. ANPP V REC AKWA IBOM
TIME
FOR COMPLETION OF PRE-HEARING SESSION
The
pre-hearing session must be completed within fourteen (14) days of its
commencement. See paragraph 18.
HEARING OF THE
PETITION
MAIN RULE:
Election
Petition is to be heard in an open court or tribunal. The notice of the time
and place of the hearing is to be given by the Secretary or registrar to the
Parties at least five (5) days to day fixed for hearing----- PARA
20(1)
RULE 1
On the
date fixed if None of the Parties are present, the Tribunal shall strike out
the petition and no application can be brought to re-list except good cause is
shown. PARA 46(1)
RULE 2
On the
date fixed, if only the Petitioner appears and is present, the petitioner will
be asked to prove his case, if burden of proof lies on him and Judgment will be
given. PARA 46(2)
RULE 3
On the
date fixed , if only respondent appears and present, the respondent shall be
entitled to final judgment of dismissing the petition. PARA 46(3)
STANDARD OF
PROOF IN ELECTION PETITION
The
General Standard of Proof in election petition is on preponderance of evidence
in accordance with Section 135 Evidence Act.
However,
where there is allegation of fraud or crimes such as bribery and forgery under
corrupt practices have to be proved beyond responsible doubt. NWOBODO V ONOH, AKEREDOLU V MIMIKO.
ORDERS THE COURT
OR TRIBUNAL CAN MAKE
a)
Where
the court or tribunal finds that the returned candidate was not validly elected
on any ground, the tribunal or court shall nullify the election.
b)
Where
the court or tribunal finds that the person returned had the majority vote cast
but was not qualified to contest the election; a fresh election shall be
entered.
c)
Where
the court finds that the candidate returned did not secure the majority of
valid votes cast at the election, the court or tribunal shall declare as
elected the candidate who scored the highest votes cast at the election and
satisfied the requirements of the constitution and the Electoral Act. See
section 143, Electoral Act as amended.
d)
That
the person returned as winner was validly returned and thus, dismiss the
election
e)
The
court may uphold the petition and order that the person returned was not
validly returned on grounds of lack of qualification, then orders a fresh
election. See section 140(2) Electoral Act as amended.
f)
Order
a fresh election in whole or in part for irregularity.
APPEAL OF
TRIBUNAL DECISION
TIMELINES;
a)
Within
21 days from the date of the decision of the tribunal you file appeal
b)
Appeal
must be disposed of within 60 days from the date of the delivery of the
Judgment of the tribunal.
FINAL
APPEAL
Appeal
from the National and State House of Assembly Election Tribunal lie to the Court
of Appeal. This appeal is as of right. See section 246(1)(b) CFRN as amended.
It must be noted that the decision of the
Court of Appeal in respect of appeals arising from the National and State House
of Assembly Election Tribunal shall be final. See section 246(3) CFRN.
TWO-STEP APPEAL
Appeals
from the decision of the Governorship Election Tribunal lies to the Court of
Appeal as of right and if parties not satisfied can also appeal to the Supreme
Court as of right. SECTION 233(2)(e) CFRN
ONE-STEP APPEAL
Appeal
lies from the decision of Court of Appeal sitting as Presidential Election
Tribunal to the Supreme Court as of Right. SECTION 233(2)(e)(i) CFRN
THE
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