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Citation
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Judgment date
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| July 2016 |
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27 July 2016 |
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Election nullified due to organized intimidation, ballot‑stuffing, falsified results and failure to follow electoral procedures.
Electoral law – non‑compliance: intimidation by armed persons; multiple voting and ballot‑stuffing; falsification of Declaration of Result forms; failure to verify voters/use biometric machines; incorrect tallying – impact on result; nullification and fresh election ordered.
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26 July 2016 |
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Non‑compliance, bribery, use of a government vehicle and ballot anomalies nullified the election and fresh polls were ordered.
Election law – electoral irregularities – non‑compliance with Parliamentary Elections Act – use of government resources for campaigning – bribery and distribution of gifts – unexplained ballot paper discrepancies – harassment/arrests of agents – standard and burden of proof in election petitions.
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25 July 2016 |
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Petitioner failed to prove bribery or irregularities; election held valid and petition dismissed with costs.
Election law – service and joinder – adequacy of notice of presentation and affidavit of service. Election law – bribery and illegal practices – elements: gift, by candidate/agent, intention to influence vote; need for credible independent evidence. Timing – distinction between pre-nomination relief/government distribution and prohibited campaign-period inducements. Counsel ethics – advocacy where counsel has served process or acted as election agent; court discretion to allow participation. Standard and burden of proof – petitioner must prove allegations on balance of probabilities with cogent evidence.
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25 July 2016 |
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Petitioner failed to prove electoral non-compliance or bribery; election result stands and petition dismissed with costs.
Electoral law — Election petition burden and standard of proof (s.61) — Compliance by Electoral Commission with declaration procedures — Significance of signed Declaration of Results forms — Proof and corroboration in bribery allegations — Materiality: whether non-compliance affected results substantially.
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25 July 2016 |
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Proven bribery by the 1st respondent through agents sufficed to nullify the parliamentary election and order a fresh poll.
Election law – parliamentary election petition – burden and standard of proof (balance of probabilities; slightly higher than ordinary civil) – agency – illegal practices (bribery) – proof by conduct and corroborative evidence – non‑compliance and procedural irregularities (late start, multiple voting, pre‑ticked ballots) – admissibility of affidavits filed without leave.
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20 July 2016 |
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20 July 2016 |
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Petitioner failed to prove bribery, false statements or violence materially affected the election; petition dismissed, respondent duly elected.
Election petition — standard and burden of proof in setting aside MP elections; admissibility and reliability of affidavit evidence (hearsay, detached jurats, forged/inconsistent signatures, coached affidavits); proof required for bribery (registered-voter status, corroboration); false statements — requirement of malice/recklessness; violence/intimidation — causation and material effect on results.
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15 July 2016 |
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Failure to resign from a paid constitutional commission before nomination renders a parliamentary election null and void.
Parliamentary elections — qualification and disqualification — Article 80(4) Constitution and Section 4(4)(a) Parliamentary Elections Act — members of constitutional commissions and resignation requirement; electoral procedure — jurisdiction over interlocutory matters (Rule 24 SI 141-2); substituted service and timing (Rule 6 SI 141-2); validity of petition support signatures.
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15 July 2016 |
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Conviction under the Anti‑Corruption Act disqualified the candidate; election annulled and fresh poll ordered, EC held liable.
Election law – disqualification under Anti‑Corruption Act s.46 (10‑year bar) following conviction; Appeal rights and presumption of innocence – filing for certificate of importance does not equate to a substantive appeal; Electoral Commission’s duty to consider disqualifying information; failure to do so renders nomination and election invalid.
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14 July 2016 |
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Court set aside election after finding respondent unqualified due to invalid/unauthentic academic documents and inadequate vetting.
Electoral law – candidate qualification – authenticity of academic certificates and change of name; burden of proof and shift of evidential burden; vetting duty of the Electoral Commission; effect of non-compliance on election validity; admissibility of petitions despite procedural irregularities.
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7 July 2016 |
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Commission unlawfully annulled validly evidenced local election; court declared petitioner winner, ordered gazetting and injunction.
Electoral law – declaration of results – validity of signed Declaration of Result forms as basis for declaring winner; disturbance/riot during elections – timing and effect on result validity; Electoral Commission’s powers – limits where authentic D.R. forms exist; remedies – declaration, gazetting, injunction and costs.
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4 July 2016 |
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Petitioner proved bribery, failure to resign and invalid qualifications, resulting in annulment of the respondent's election.
Electoral offences – bribery (gifts and money) under s.68(1) PEA; Candidate eligibility – minimum academic qualifications—invalid O-Level certificate vitiating subsequent university awards; Public officer candidacy – failure to resign as RDC before nomination; Electoral Commission duties – restraint and verification of resignation but not required to investigate acquisition of higher qualifications; Effect of non-compliance – annulment of election.
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4 July 2016 |