PROVING AN ALLEGATION OF INFLATION OR REDUCTION OF VOTES CAST IN AN ELECTION

CASE TITLE: ABDUL & ANOR v. GODIYA & ORS (2019) LPELR-48487(CA)

JUDGMENT DATE: 16TH SEPTEMBER, 2019

PRACTICE AREA: ELECTION PETITION

LEAD JUDGMENT: JOSEPH EYO EKANEM, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Election Petition.

FACTS

This appeal is against the judgment of the National and State Houses of Assembly Election Petition Tribunal, Lafia (coram Igoh, J., Ukpanah, J. and El-Mainari J.) delivered on 26/7/2019 in Petition No. EPT/NSHA/SEN/11/2019.

On 23/2/2019, the 3rd respondent (INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)) conducted election in Nigeria for seats in the National Assembly. For the Nasarawa North Senatorial District, the 1st appellant (JOHN MICHAEL ABDUL) contested the election on the platform of the 2nd appellant (PEOPLES DEMOCRATIC PARTY (PDP)) against thirteen other candidates including the 1st respondent (AKWASHIKI GODIYA) who was sponsored by the 2nd respondent (ALL PROGRESSIVES CONGRESS (APC)). At the end of the exercise, the 3rd respondent declared and returned the 1st respondent as the winner of the election having polled the majority of the lawful votes cast at the election. The 1st respondent polled a total of 54, 104 votes while the 1st appellant came second with 48, 133 votes.

​Aggrieved by the return, the appellants filed a petition at the tribunal against the same. The sole ground of the petition was that the 1st respondent was not duly elected by a majority of lawful votes cast at the election.

In its judgment, the tribunal dismissed the petition of the appellants which challenged the return of the 1st respondent as the winner of the election conducted on 23/2/2019 for the Nasarawa North Senatorial District.

Dissatisfied by the verdict, the appellants appealed to the Court of Appeal.

ISSUES FOR DETERMINATION

The Court determined the appeal on a lone issue:

“Was the tribunal right in dismissing the petition of the appellant?”

DECISION/HELD

In conclusion, the Court dismissed the appeal for lack of merit and affirmed the decision of the Election Tribunal.

RATIOS:

• ELECTION PETITION – BURDEN OF PROOF: How to prove an allegation of inflation or reduction of votes cast in an election
• ELECTION PETITION – PRESUMPTION OF ELECTION RESULT: Presumption of the correctness of the result of an election declared by INEC; on whom lies the burden to rebut same and when such burden shifts
• ELECTION PETITION – OVER-VOTING: How to prove over-voting; Effect of failure thereof
• APPEAL – NOTICE(S) OF APPEAL: Whether an error in a notice of appeal in stating the correct name of a party is a mere irregularity that can be corrected by way of an amendment