LEGAL PRINCIPLE: ELECTION LAW — Parties to Election Petition — Persons Who May Be Joined as Respondents — Proper Interpretation of Section 133(2) of the Electoral Act, 2002
PRINCIPLE STATEMENT
The person whose election is complained of is the respondent. Additionally, an electoral officer, presiding officer, returning officer, or any other person who took part in the conduct of an election shall be joined as a respondent in his official status as a necessary party.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Buhari v. Yusuf (2003) NLC-1162003(SC) at pp. 9–10; Paras C–E.
"The person whose election is complained of is, in this Act, referred to as the respondent, but if the petition complains of the conduct of an electoral officer, a presiding officer, a returning officer or any other person who took part in the conduct of an election, such officer or person shall for the purpose of this Act be deemed to be a respondent and shall be joined in the election petition in his or her official status as a necessary party."
EXPLANATION / SCOPE
Election petitions must join the elected candidate and election officials whose conduct is challenged. The principle applies to election law. The rule is statutory. The petitioner must comply with the joinder requirements. The principle is well-established.
