ELECTION LAW — Election Petition — Uniform Rules Govern All Petitions Irrespective of Founding Provision
Ratio Decidendi
Per Kutigi, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at p. 10; Paras B–C:
"A petitioner is certainly free to choose whether to come under the Constitution or under the Act. Once that decision is made or taken, then I believe the rules, procedures, and or regulations to govern all petitions must be one and the same. We cannot certainly afford two different types of rules, procedures and or regulations governing petitions under the Constitution and petitions under the Act respectively."
Explanation / Scope
Uniform procedural rules apply to all election petitions. The principle applies to election law. The choice of substantive ground does not affect procedure. The rule ensures consistency and predictability. The court will apply the same rules regardless of the petition’s foundation. The principle is well-established.