*FOUR (4) CONDITIONS FOR AN ELECTION TO BE CHALLENGED IN TRIBUNAL/COURT. * DAILY LAW TIPS (Tip 299) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Any election in any part of Nigeria can be challenged in the appropriate tribunal/court.
The 4 Grounds/Conditions To Challenge An Election in Nigeria, are;

1. Elected candidate was not qualified to contest in election.
2. Election was invalid due to corrupt practises or non-compliance with the Electoral Act.
3. Elected candidate was not elected by majority of valid votes casted at an election.
4. A validly nominated candidate was unlawfully excluded from the election.

My authorities are sections 138 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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*WHY ELECTORAL/RETURNING OFFICERS CANNOT BE SUED IN NIGERIA.* DAILY LAW TIPS (Tip 296) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

No matter the level of complain and the involvement of electoral officers (including Presiding Officers, Returning Officers) in an election, they cannot be sued in an election petition, it is never necessary. Rather their employer, Independent National Electoral Commission (INEC) is to be sued as a Respondent and is always deemed to be representing and defending itself and its officers.

My authorities are sections 137(3) and 158 of the Electoral Act, 2010.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 286)
WHEN CAN COURT NULLIFY AN ELECTION IN NIGERIA.

Any election in any part of Nigeria can be nullified by an appropriate tribunal/court. An election will be nullified by a tribunal/court, where there is clear, positive, credible and over-whelming evidence that an 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 the conduct of an election contrary to the provisions of Electoral Act and that such also affected the final result of an election result, an election will not be nullified.

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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 258)
OFFENCES THAT CAN BE COMMITTED WITH A BALLOT PAPER IN NIGERIA.

Ballot Paper is an important election material. It is said that, Ballot Paper is stronger than a bullet. You indicate your choice of candidate on a ballot paper.

The following are electoral offences that can be committed on or using a ballot paper;
1. Forging of ballot paper or official mark on it.
2. Destruction of ballot paper
3. Giving of ballot paper to another person without authority and
4. Removal of ballot paper from any polling station
The punishment for any of the above offences is imprisonment for not more than 2 years.

Another set of offences concerning a ballot paper is;
1. Unauthorised printing of ballot paper or fake ballot papers
2. Printing more than the approved numbers or quantity of ballot papers approved by Independent National Electoral Commission (INEC)
3. Possession of ballot paper when not in process of voting
4. Manufacturing, Construction, importation, supply of devices or mechanism for secret storage or diversion of ballot papers in Nigeria.
The punishment for any of the above offences or an attempt to commit such is imprisonment for not more than 10 years and or N50, 000, 000.00.

My authorities are section 118(1)(e)(f)(g)(i), section 118(2),(3) and 158 of the Electoral Act, 2010.

 

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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 249)
“IT IS A CRIME TO ALTER OR DESTROY VOTER’S REGISTRATION NOTICE/INFORMATION”.

Independent National Electoral Commission (INEC) has powers to provide information for registration of voters. It is an offence for any person to alter, destroy, change, remove or cancel any information or notice provided for registration of voters. It is an offence punishable with a maximum fine of N1 Million Naira and or term of imprisonment for 12 months.

My authorities are sections 117(1)(a) and (I) and 158 of the Electoral Act, 2010.

 

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Feel free to reach the author, ask questions or make inquiries on this topic or any other issues via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 239)
“DOUBLE REGISTRATION OF A VOTER IS A CRIME IN NIGERIA“

It is a criminal offence for any person to be registered more than once for voters registration in any part of Nigeria. It is punishable with a maximum fine of N1 Million Naira and Or imprisonment for 12 months.

My authorities are sections 117(1)(c) and 158 of the Electoral Act, 2010.

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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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