DAILY LAW TIPS
by Onyekachi Umah,Esq.
CAN VIOLENCE AND LACK OF MATERIALS CAUSE NULLIFICATION OF ELECTION IN NIGERIA.
First of all, any election in any part of Nigeria can be nullified by an appropriate tribunal/court. Generally, an election will be nullified by a tribunal/court, where there is clear, positive, credible and over-whelming evidence that shows that election was not substantially conducted in accordance with the Electoral Act and that the non-compliance, substantially affected the result of the election. So, until you convince a tribunal/court that there was a SUBSTANTIAL NON-COMPLIANCE in conduct of an election contrary to the Electoral Act and that it also affected election result, an election will not be nullified.
Consequently, VIOLENCE and LACK OF ELECTORAL MATERIALS will cause nullification of election where it can be proved that are SUBSTANTIAL NON-COMPLIANCE with the Electoral Act and that they SUBSTANTIALLY affected the final result of an election.
My authorities are sections 138, 139, 140 and 158 of the Electoral Act, 2010. Also, the decision of the Supreme Court in BUHARI V. OBASANJO (2003) 17 NWLR (Pt.850) 510 and the decision of Court of Appeal in the case of OKAFOR OKOREAFFIA & ANOR. v. HON. AGWU U. AGWU & ANOR. (2010) LPELR-4708(CA)
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