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Citation
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Judgment date
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| October 2021 |
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Petitioner failed to prove material electoral irregularities or candidate disqualification; election confirmed and petition dismissed.
Election law – burden and elevated standard of proof in election petitions; candidate qualification – name discrepancies, statutory declarations and deed polls; Declaration of Results (D.R.) forms – computational errors versus material falsification; electoral offences – bribery, intimidation, ballot stuffing and making wrong returns require independent corroboration and proof that affected results substantially; candidates’ agents’ right to representation and effect of COVID-19 measures on polling procedures.
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29 October 2021 |
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Petitioner failed to prove substantial non‑compliance; court dismissed petition and ordered Electoral Commission to pay 40% of costs.
Election law – burden of proof in election petitions – proof to satisfaction of court; competence of pleadings – expunged paragraphs cannot be relied upon; Declaration of Results forms – requirement for certified copies and barcodes; presiding officer identity and signature discrepancies – typographical/error vs. ineligibility; substantial effect test (quantitative and qualitative) for setting aside elections; costs discretion in election petitions.
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22 October 2021 |
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Election annulled for proven bribery by the winner’s agents despite non-compliance being quantitatively insufficient to affect results.
Election law – non-compliance with electoral procedures (unregistered voting, pre-signed DR forms, non-verification, biometric non-use, multiple voting) – substantial effect test; electoral offences – bribery by agents with candidate’s knowledge/consent – single proven illegal practice can annul an election; preliminary objections on affidavit commissioning and admissibility – overruled in interest of fair hearing.
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22 October 2021 |
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Variations in names and UNEB disclaimers do not, without cogent evidence, defeat a candidate’s A‑level qualification.
Election law – qualification for LC V chairperson – proof of academic qualification and identity – UNEB verification letters disclaim identity – name variations and change of name formalities under Registration of Persons Act – affidavits in rejoinder and expunging defective affidavits.
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20 October 2021 |
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15 October 2021 |
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Petitioner failed to prove electoral malpractices or substantial effect; election declared free and fair and petition dismissed.
Electoral law — burden and standard of proof in election petitions; electoral violence and intimidation; ballot stuffing and multiple voting; evidence required to prove ineligible or deceased persons voted; effect of signed Declaration of Results forms; substantial effect test for setting aside elections.
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12 October 2021 |
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Challenge to election based on absence of PLE fails; UACE certificate and UNEB permission validated, petition dismissed.
Electoral law – candidate qualifications – interpretation of Education Act Section 10; UNEB authority to permit examination candidates without PLE; locus standi and name‑change discrepancies; limits of election petitions versus judicial review.
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8 October 2021 |
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Challenge to nominee’s residence and voter registration failed; court found respondent validly nominated and elected.
Election law – candidate qualification – ordinary residence and voter registration under S.111(4) Local Government Act; pre-polling complaints and Electoral Commission jurisdiction; timeliness of election petitions; evidentiary value of certified polling registers.
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4 October 2021 |
| September 2021 |
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Petitioner failed to adducing cogent, corroborated evidence of bribery, violence or ballot‑stuffing; petition dismissed with costs.
Local Government elections; election petition burden and elevated standard of proof; voter bribery—need to prove agent status and candidate knowledge/approval; inadmissible/insufficient hearsay on election violence; ballot‑stuffing and BVVK allegations require documentary/figural corroboration; attribution of acts to candidate.
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30 September 2021 |
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Petitioner failed to plead or prove bribery and other electoral malpractices; key documents and affidavits were inadmissible and petition dismissed.
Election law – procedural competence – affidavits accompanying petition as pleading; PEA s.61(1)(c) – need to plead candidate’s personal commission or agent’s acts with candidate’s knowledge/consent for illegal practices to bind candidate; Evidence Act – certification requirements for public documents (DRFs, voters register); election officers – s.7(6) PEA prohibits unauthorized disclosure and such affidavits struck out; electronic evidence – chain of custody and foundational proof required; burden of proof in election petitions – on petitioner on balance of probabilities; inadmissible/partisan evidence cannot ground nullification of election.
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30 September 2021 |
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The applicant failed to prove ineligibility or election irregularities; the respondent’s election was upheld and the petition dismissed.
Parliamentary elections – qualification for MP – minimum A-level requirement and effect of interchangeable use of names; burden and standard of proof in election petitions; admissibility and weight of hearsay; authenticity and evidential value of Declaration of Results Forms (DRFs); elements and proof required for voter bribery, ballot-stuffing, multiple voting, violence and forgery.
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30 September 2021 |
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29 September 2021 |
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Post-poll challenge to candidate’s resignation fails where resignation was effectively tendered and no pre-poll complaint was made.
Election law – Qualification for nomination – Resignation from public service – Burden and high standard of proof in election petitions – Effect of administrative delay or record lapses – Requirement to challenge nominations pre-poll and estoppel against afterthought challenges.
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28 September 2021 |
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A prematurely filed, misjoined election petition failed to prove nomination irregularities; respondents' elections upheld.
Election law – timeliness – gazettement as trigger for filing petitions under s.138(4) Local Government Act; Procedure – misjoinder – impermissible joint petition for distinct electoral areas; Qualification – ordinary residence and statutory nomination requirements (20 supporters) – burden and high standard of proof in election petitions.
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28 September 2021 |
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Whether a voluntary ministerial appointment in a cultural kingdom constitutes a disqualifying "traditional or cultural leader."
Election law — Qualification for office — "Traditional or cultural leader" under Article 246(6) — Institution of Traditional or Cultural Leaders Act, 2011 — voluntary appointment in cultural kingdom not equivalent to leadership by birth/descent — burden and heightened standard of proof in election petitions.
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28 September 2021 |
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28 September 2021 |
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28 September 2021 |
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Petition dismissed: Electoral Commission had determined nomination complaints and petitioner failed to appeal, failing to meet high evidential standard.
Electoral law – nomination disputes – jurisdiction of Electoral Commission under Article 61(1)(f) – requirement to appeal Commission decisions to High Court under Article 64 and s.15(2) Electoral Commission Act; Election petitions – burden and high standard of proof; Statement under oath – validity of nomination papers; Minor name discrepancies – statutory declaration/deed poll and evidential proof; Abuse of court process – relitigation of matters determined pre‑poll.
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28 September 2021 |
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Court upholds candidate’s qualifications, finds no proven electoral malpractice or bribery, and dismisses the petition with costs.
Election law – candidate qualification under Article 80 and PEA s.4; proof and burden in challenges to academic credentials; evidential weight of polling agents’ signatures on declaration of results; alleged electoral non‑compliance and bribery – requirement for credible linkage to candidate; remedy – dismissal and costs.
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28 September 2021 |
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Petitioner failed to prove that the declared winner lacked required qualifications; nomination and election upheld, petition dismissed.
* Electoral law – election petition – burden and standard of proof – petitioner must prove disqualification to satisfaction of court (high degree of probability). * Validity of nomination – identity, academic qualifications and documentary discrepancies – evidence of schoolmates and teachers vs. desk review. * Registration of Persons – deed poll not always necessary post-2015 registration regime. * Remedy – setting aside election requires clear, cogent proof; absent that, election upheld.
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28 September 2021 |
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Petitioner failed to prove electoral irregularities; respondent’s election upheld and declared valid.
Election law – elevated balance of probabilities in election petitions; legality of voters’ register updates by Electoral Commission; voter confusion and candidate colours/symbols; intimidation/assault/bribery allegations require independent corroboration; omission to tick voters’ roll and agent signatures on DR forms; substantiality test for setting aside elections.
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20 September 2021 |
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Petitioner estopped from challenging nomination post‑election; deed poll, ID and register established candidate’s voter registration.
Election law – maintainability of post‑election nomination challenges – jurisdiction of Electoral Commission under Art.61(1)(f) and S.15(1) ECA – inspection of nomination papers – voter registration – addition/reordering of names, deed poll and statutory declaration sufficient to establish identity – estoppel for failure to use pre‑election remedies.
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17 September 2021 |
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Application to substitute as petitioner after a consent withdrawal was frivolous, an abuse of process, and withdrawn with no costs.
Election law – substitution of petitioner under s.65(2)&(3) Parliamentary Elections Act – requirement to apply "on the hearing" of withdrawal – necessity to attach intended petition and affidavit; consent scheduling order as final disposal; abuse of court process and timelines in election petitions.
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16 September 2021 |
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14 September 2021 |
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An election petition supported by an affidavit commissioned by an advocate without a valid practising certificate is incompetent and dismissed.
Election law – competence of petition – affidavit supporting petition – Advocates Act practising certificate – affidavit commissioned without valid practising certificate invalid – illegality as question of law – preliminary objection admissible at any time – defects amounting to failure to comply with statutory requirements are fatal and incur dismissal; Article 126(2)(e) and s.14A Advocates (Amendment) Act not applicable to cure incompetence.
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14 September 2021 |
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Petitioner failed to prove that proven arrests and isolated irregularities substantially affected the election outcome.
Electoral law — Parliamentary Elections Act — non-compliance must be proved and shown to substantially affect results; burden on petitioner; high evidential standard for bribery; candidate bound by actions/signatures of polling agents; minor DR form discrepancies may be human error rather than deliberate tampering.
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12 September 2021 |
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10 September 2021 |
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A Chairperson LCIII election petition filed one day after the 14-day statutory deadline was dismissed as time-barred.
Local Government elections – time for filing election petitions – s.138(4) LGA 14-day deadline computed from day after Gazette notification; strict compliance required – court lacks power to extend statutory time where no provision exists; identity discrepancies are factual issues requiring evidence, not preliminary objections.
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9 September 2021 |
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9 September 2021 |
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The applicant failed to prove alleged falsification, bribery or multiple voting; petition dismissed and election upheld with costs.
Election law — election petition — compliance with electoral laws and procedure; admissibility of Declaration of Results forms (certified v. uncertified); Illiterates Protection Act jurat requirements for affidavits; burden and standard of proof on petitioner; proof requirements for bribery and multiple voting; substantial effect test for nullifying elections.
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8 September 2021 |
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Alleged polling irregularities were not proven to have substantially affected the election result; declared winner upheld.
Electoral law — allegations of falsification, ballot‑stuffing, multiple voting and voting by unauthorized persons; Declaration of Results forms as self‑accounting documents; Standard of proof in election petitions (balance of probabilities, higher degree); Pleadings and admissibility — unpleaded matters and struck supplementary affidavits; Materiality/substantial effect — irregularities must be sufficient to affect the election result to vitiate an election.
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8 September 2021 |
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Petitioner failed to prove electoral offences; petition dismissed and election upheld, costs to the first respondent.
Election law – Local Governments Act, s.139(c) – burden on petitioner to prove illegal practice by candidate personally or with knowledge; Service and time limits in election petitions – s.141 – late service may be directory if no prejudice; Evidence – admissibility of documents – exhibits must be attached to affidavits or introduced by witnesses; Bribery – requires unequivocal, corroborated evidence identifying giver and recipient; Pleadings – parties bound by pleadings; contradictory affidavits may be rejected.
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7 September 2021 |
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High Court may hear post-election nomination challenges; applicant failed to prove invalid nomination or electoral offences.
* Jurisdiction – High Court may entertain nomination challenges post-election; preliminary objection overruled.
* Election law – Valid nomination requires registration as a voter and meeting academic qualifications; discrepancy in names resolved by documentary evidence.
* Registration/NIRA – Internal correction of identity-record errors does not necessarily amount to unlawful change of name.
* Evidence – Affidavits filed out of time may be expunged; failure to adduce oral evidence when permitted results in inability to prove allegations.
* Illegal practices – Allegations of bribery/donations and involvement of public officers must be proved on the balance of probabilities with cogent evidence.
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7 September 2021 |
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6 September 2021 |
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2 September 2021 |
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A pre‑poll appeal filed after gazetting was a post‑election matter, wrongly before the High Court and dismissed for delay and wrong forum.
Electoral law – pre‑poll complaints (Art.61(1)(f), Art.64(1), s.15 ECA) must be resolved before polling; gazetting converts matter to post‑election; post‑election challenges governed by s.138 Local Government Act (Chief Magistrate’s Court) with strict 14‑day time limit; jurisdiction and timeliness are fatal to petitions brought after gazetting.
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1 September 2021 |
| August 2021 |
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An election petition cannot be amended after the statutory filing period; courts lack power to extend that time.
Parliamentary election petitions – amendment of pleadings – CPA/CPR inapplicable outside trial – statutory filing time rigid – court cannot extend time – amendment after time barred.
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28 August 2021 |
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26 August 2021 |
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23 August 2021 |
| January 2021 |
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Whether NIRA-issued documents conclusively determine age for youth MP eligibility; court held they did and restored nomination.
* Electoral law – eligibility for youth representative – age limit (18–30) – proof of age.
* Evidence – probative value of official documents – birth certificates and national ID from NIRA are prima facie/ presumptive proof.
* Administrative decision review – Electoral Commission’s reliance on inconsistent/uncertified documents was erroneous; nomination restored.
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31 January 2021 |