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 259)
HOW LONG CAN A GOVERNOR SPEND STATE MONEYS WITHOUT APPROVAL OF HOUSE OF ASSEMBLY.

Every year, every governor is expected by law to send in a budget to its House of Assembly for approval. The process of approving a budget may take months and within such time there is always need for state to spend public funds. Until a budget is approved, a Governor can withdraw and spend moneys from the Consolidated Revenue Funds of the state for necessary services of government for a period not more than six (6) months or until budget is approved, which ever that happens first prevails.
Such money to be withdrawn within such time must not be more than the amount that was approved for the previous year’s budget for such period of time.

My authorities are sections 122, 318 and 319 of the Constitution of the Federal Republic of Nigeria 1999.

 

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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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