Proving Substantial Non-Compliance Under the Nigerian Electoral Act
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Election petitions in Nigeria fail more than they succeed. While it has become almost impossible to prove the grounds of substantial non-compliance in an election petition, there is some ease and successes in proving other grounds and other claims in civil and criminal jurisdictions. The problem why this is different with election petitions and particularly the ground of substantial non-compliance seems traceable to the Electoral Act regime and the hitches entrenched against the petitioner, both in the substantive law of election petition and the procedure of enforcement. This book examined th...
Election petitions in Nigeria fail more than they succeed. While it has become almost impossible to prove the grounds of substantial non-compliance in an election petition, there is some ease and successes in proving other grounds and other claims in civil and criminal jurisdictions. The problem why this is different with election petitions and particularly the ground of substantial non-compliance seems traceable to the Electoral Act regime and the hitches entrenched against the petitioner, both in the substantive law of election petition and the procedure of enforcement. This book examined the evidential and procedural hitches encountered by the petitioner in an election petition, and calls for the review of the lopsided provisions of the Electoral Act and the 1st Schedule. This is to give the petitioner and the respondent an even playing ground. The book examined the evidential burden placed on the petitioner and the procedural hitches that further compounds his problems. It also made far reaching recommendations.
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