Appeal: Compilation of record of appeal – where there’s objection to the inclusion of irrelevant and immaterial documents to the record of appeal – whether such inclusion does not affect the validity of the appeal.
Appeal: Issues for determination – where grounds of appeal are abandoned – whether no competent issue arise therefrom – effect of argument on such incompetent issues
Appeal: Cross-appeal – meaning and nature thereof – whether it is an independent appeal by the Respondent – relevant principles thereof
Appeal: Record of appeal – compilation thereof – whether the duty to compile record of appeal in an election tribunal is the duty of the registrar of the tribunal and not that of the Appellant
Election Petition: Validity of an election – grounds for questioning the validity of an election – sec. 134(1) of the Electoral Act, considered.
Election Petition: Non-compliance with the Electoral Act – where a Petitioner please non-compliance in specific polling units – whether it is inconsistent with relief specified in sec. 136(1) of the Electoral Act.
Election Petition: Non-compliance with the Electoral Act – where a Petitioner complains of non-compliance with the Electoral Act in specified polling units contrary to the provisions of SS. 51(1)(2) and 73(2) – whether the Petitioner cannot validly seek for nullification of the entire election which does not include the polling units not affected by
Election Petition: Section 73(2) of Electoral Act, 2022 – requirement to prior recording in the forms prescribed by the commission – where a Petitioner alleges that Electoral materials were not recorded in the forms in some polling units – onus on him thereto – whether he must proof non-compliance by calling witnesses in all the polling units complained of – the principle in Baba vs. INEC (2024)14 NWLR (Pt. 1957)155
Election Petition: Allegation of over voting – proof thereof – whether a Petitioner must tender a voters register, BVAS machines and Form EC8A in every polling units where over voting was alleged to have occurred
Election Petition: Form EC25B – purpose – whether it has only two columns for quality of ballot papers collected before election and the quantity returned after the election
Election Petition: Non-compliance – proof thereof – where a Petitioner has established non-compliance – whether he has extra burden of showing that the non-compliance substantially affected the results of the election – sec. 135 of Evidence Act considered Election Petition: Illegality or unlawfulness of votes – how established – whether
Election Petition: Allegation of non-compliance – where a Petitioner tenders document in proof of non-compliance – whether document must specifically relate to the aspect of non-compliance alleged to avoid the court investigating which document is relevant.
Election Petition: Section 137 of Electoral Act and Paragraph 46(4) of First Schedule to the Electoral Act – onus on petition thereto – whether must establish the nature of non-compliance and whether non-compliance alleged are manifestly apparent at a casual glance
Election Petition: Exclusion of votes – where a Petitioner alleges illegal or invalid votes – onus thereon – whether he has to specifically link all the forms in respect of the polling units to prove non-compliance or illegality of votes
Election Petition: INEC – presumption of regularity in the conduct of election – sec. 68 of the Evidence Act considered – onus on Petitioner to rebut presumption
Election petition: over voting – how proved – whether the essential items are the voters register, the Bvas machines and result sheets in the affected polling units
Election petition: proof of non-compliance with the electoral act – onus on petitioner – whether must satisfy the tribunal that the noncompliance substantially affected the results of the election
