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Election Petition Flashcards

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1
Q

What are pre-election matters?

A

Disputes arising from intra-party affairs like primary elections, nomination of candidates, or other disputes before the conduct of an election.

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2
Q

Where should pre-election matters be instituted?

A

Before the High Court or the Federal High Court.

Odedo v INEC & Anor, Wambai v Donatius

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3
Q

What is the time limit to commence pre-election matters?

A

Not later than 14 days from the date the cause of action arose.

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4
Q

How should pre-election matters be commenced?

A

By Originating summons due to straightforward facts and interpretation of rules/laws.

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5
Q

What is the time frame for the court to deliver judgment in pre-election matters?

A

Not later than 180 days from the date the action was filed.

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6
Q

What is the time limit to appeal against the judgment of the court in pre-election matters?

A

Appeal must be filed within 14 days from the day the judgment was given and disposed of not later than 60 days from the day it was filed.

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7
Q

What is the jurisdiction for presidential election petitions?

A

The Court of Appeal assumes jurisdiction for presidential elections.

See s. 239(1) & (2) CFRN.

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8
Q

What is the jurisdiction for governorship election petitions?

A

The Governorship Election Tribunal has exclusive jurisdiction.

See s. 285(2) CFRN.

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9
Q

What is the quorum for the Election Tribunal?

A

The quorum shall be three: the Chairman and two other members.

See S. 9 (4) 2nd Alteration Act 2010; S. 285(4) CFRN.

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10
Q

Where do appeals from presidential election tribunal decisions lie?

A

Appeals lie to the Supreme Court.

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11
Q

What is the age requirement for contesting presidential elections in Nigeria?

A

35 years old.

Under the NOT TOO YOUNG TO RUN ACT passed in 2018.

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12
Q

Who can present an election petition?

A

Only two entities: the Petitioner (candidate or political party) and the Respondent (successful party and INEC).

See S. 137(1) & (2) Electoral Act.

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13
Q

What are the grounds for questioning an election?

A
  1. Candidate not qualified. 2. Invalid election due to corrupt practices. 3. Not elected by majority lawful votes. 4. Unlawful exclusion of validly nominated candidate. 5. False information submitted to INEC.

See section 138 E.A, PPA v. Saraki.

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14
Q

What are the two prayers that can be sought in an election petition?

A
  1. That the election be nullified. 2. That the petitioner be declared the winner.

See S. 33 Electoral Act.

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15
Q

What is the time limit for presenting an election petition?

A

Within 21 days after the declaration of the election results.

See S. 285 (5) CFRN.

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16
Q

What must an election petition contain?

A
  1. Names and addresses of interested persons. 2. Petitioner’s right to bring the petition. 3. Election details and votes. 4. Grounds of challenge. 5. Prayers sought. 6. Signature of the petitioner or solicitor.

See Para 4(1) First Schedule to the Electoral Act.

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17
Q

What is required for the filing of an election petition?

A

Payment of requisite fees for service, publication, and certification of copies.

Failure to pay will deem the petition not received.

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18
Q

What is the security for costs required from the petitioner?

A

A deposit of N200,000.00 as security for costs and an additional N200,000.00 for service and other expenses.

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19
Q

What is the time frame for a Respondent to enter an appearance?

A

Not later than 5 to 7 days of receipt of the petition.

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20
Q

What is the time limit for a Respondent to file a reply?

A

Within 14 days of service of the petition.

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21
Q

What is the burden of proof in an election petition?

A

The burden lies on the party who would lose if no evidence is led; standard is on balance of probabilities, but beyond reasonable doubt for allegations of crime or fraud.

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22
Q

What happens if both parties fail to appear for a hearing?

A

The petition will be dismissed and cannot be re-listed.

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23
Q

What is required in the written address after the close of evidence?

A

If the Respondent called evidence, they file first; otherwise, the Petitioner files first.

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24
Q

What is the time limit for delivering judgment in an election petition?

A

Judgment must be delivered within 180 days of the presentation of the petition.

See s. 285 (6) CFRN.

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25
What must a valid judgment contain?
It must contain the reasons for the judgment. ## Footnote See Adeyeye & Anor v Ajiboye & Ors.
26
What is an essential element of a valid judgment?
A valid judgment must contain the reason or reasons for the Judgment of the court/Tribunal. ## Footnote Adeyeye & Anor v Ajiboye & Ors.
27
Can a Tribunal in an election petition deliver judgment and give reasons later?
No, a Tribunal in an election petition cannot deliver judgment and give reasons later.
28
What is the exception to the rule regarding delivering judgment and reasons later?
Final appellate courts like the Supreme Court can deliver judgment and give reasons later. ## Footnote See ANPP v Goni; Amaechi v. INEC; section 285(8) CFRN as amended.
29
What is the time limit to file a Notice of Appeal in election petition cases?
A Notice of Appeal must be presented within 21 days of the receipt of the Judgment. ## Footnote S. 143 of the Electoral Act; S. 285(7) of the 2nd Alteration Act to the 1999 Constitution as amended.
30
Is there an extension of time to file an appeal in election petition cases?
No, there is no extension of time to file an appeal as time is of the essence in election petition cases.
31
Where should the Notice of Appeal be filed?
The Notice of Appeal is to be filed at the Registry of the Court/Tribunal that heard the petition.
32
What is the time limit for hearing appeals in election petition cases?
An appeal must be heard and disposed of within 60 days from the date the appeal was filed. ## Footnote Marwa v. Nyanko.
33
What happens to an incumbent political office holder if they appeal?
If the incumbent was not declared the winner and appeals, they remain in office until the appeal is determined.
34
What happens if an incumbent fails to appeal or exhausts their appeal?
If the incumbent fails to appeal or their appeal has been exhausted, they remain in office for 21 days and then cease to hold the office. ## Footnote S. 143 of the Electoral Act.
35
What are pre-election matters?
Disputes arising from intra-party affairs like primary elections, nomination of candidates, or other disputes before the conduct of an election.
36
Where should pre-election matters be instituted?
Before the High Court or the Federal High Court. ## Footnote Odedo v INEC & Anor, Wambai v Donatius
37
What is the time limit to commence pre-election matters?
Not later than 14 days from the date the cause of action arose.
38
How should pre-election matters be commenced?
By Originating summons due to straightforward facts and interpretation of rules/laws.
39
What is the time frame for the court to deliver judgment in pre-election matters?
Not later than 180 days from the date the action was filed.
40
What is the time limit to appeal against the judgment of the court in pre-election matters?
Appeal must be filed within 14 days from the day the judgment was given and disposed of not later than 60 days from the day it was filed.
41
What is the jurisdiction for presidential election petitions?
The Court of Appeal assumes jurisdiction for presidential elections. ## Footnote See s. 239(1) & (2) CFRN.
42
What is the jurisdiction for governorship election petitions?
The Governorship Election Tribunal has exclusive jurisdiction. ## Footnote See s. 285(2) CFRN.
43
What is the quorum for the Election Tribunal?
The quorum shall be three: the Chairman and two other members. ## Footnote See S. 9 (4) 2nd Alteration Act 2010; S. 285(4) CFRN.
44
Where do appeals from presidential election tribunal decisions lie?
Appeals lie to the Supreme Court.
45
What is the age requirement for contesting presidential elections in Nigeria?
35 years old. ## Footnote Under the NOT TOO YOUNG TO RUN ACT passed in 2018.
46
Who can present an election petition?
Only two entities: the Petitioner (candidate or political party) and the Respondent (successful party and INEC). ## Footnote See S. 137(1) & (2) Electoral Act.
47
What are the grounds for questioning an election?
1. Candidate not qualified. 2. Invalid election due to corrupt practices. 3. Not elected by majority lawful votes. 4. Unlawful exclusion of validly nominated candidate. 5. False information submitted to INEC. ## Footnote See section 138 E.A, PPA v. Saraki.
48
What are the two prayers that can be sought in an election petition?
1. That the election be nullified. 2. That the petitioner be declared the winner. ## Footnote See S. 33 Electoral Act.
49
What is the time limit for presenting an election petition?
Within 21 days after the declaration of the election results. ## Footnote See S. 285 (5) CFRN.
50
What must an election petition contain?
1. Names and addresses of interested persons. 2. Petitioner's right to bring the petition. 3. Election details and votes. 4. Grounds of challenge. 5. Prayers sought. 6. Signature of the petitioner or solicitor. ## Footnote See Para 4(1) First Schedule to the Electoral Act.
51
What is required for the filing of an election petition?
Payment of requisite fees for service, publication, and certification of copies. ## Footnote Failure to pay will deem the petition not received.
52
What is the security for costs required from the petitioner?
A deposit of N200,000.00 as security for costs and an additional N200,000.00 for service and other expenses.
53
What is the time frame for a Respondent to enter an appearance?
Not later than 5 to 7 days of receipt of the petition.
54
What is the time limit for a Respondent to file a reply?
Within 14 days of service of the petition.
55
What is the burden of proof in an election petition?
The burden lies on the party who would lose if no evidence is led; standard is on balance of probabilities, but beyond reasonable doubt for allegations of crime or fraud.
56
What happens if both parties fail to appear for a hearing?
The petition will be dismissed and cannot be re-listed.
57
What is required in the written address after the close of evidence?
If the Respondent called evidence, they file first; otherwise, the Petitioner files first.
58
What is the time limit for delivering judgment in an election petition?
Judgment must be delivered within 180 days of the presentation of the petition. ## Footnote See s. 285 (6) CFRN.
59
What must a valid judgment contain?
It must contain the reasons for the judgment. ## Footnote See Adeyeye & Anor v Ajiboye & Ors.
60
What is an essential element of a valid judgment?
A valid judgment must contain the reason or reasons for the Judgment of the court/Tribunal. ## Footnote Adeyeye & Anor v Ajiboye & Ors.
61
Can a Tribunal in an election petition deliver judgment and give reasons later?
No, a Tribunal in an election petition cannot deliver judgment and give reasons later.
62
What is the exception to the rule regarding delivering judgment and reasons later?
Final appellate courts like the Supreme Court can deliver judgment and give reasons later. ## Footnote See ANPP v Goni; Amaechi v. INEC; section 285(8) CFRN as amended.
63
What is the time limit to file a Notice of Appeal in election petition cases?
A Notice of Appeal must be presented within 21 days of the receipt of the Judgment. ## Footnote S. 143 of the Electoral Act; S. 285(7) of the 2nd Alteration Act to the 1999 Constitution as amended.
64
Is there an extension of time to file an appeal in election petition cases?
No, there is no extension of time to file an appeal as time is of the essence in election petition cases.
65
Where should the Notice of Appeal be filed?
The Notice of Appeal is to be filed at the Registry of the Court/Tribunal that heard the petition.
66
What is the time limit for hearing appeals in election petition cases?
An appeal must be heard and disposed of within 60 days from the date the appeal was filed. ## Footnote Marwa v. Nyanko.
67
What happens to an incumbent political office holder if they appeal?
If the incumbent was not declared the winner and appeals, they remain in office until the appeal is determined.
68
What happens if an incumbent fails to appeal or exhausts their appeal?
If the incumbent fails to appeal or their appeal has been exhausted, they remain in office for 21 days and then cease to hold the office. ## Footnote S. 143 of the Electoral Act.

Civil Litigation (2 decks)

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