ELECTION LAW — Non-Joinder of Electoral Officers — Proviso to Section 144(2) of Electoral Act 2006 — Where Officers Act as Agents of INEC
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 44; Paras A–B:
"Where such officer or person is shown to have acted as an agent of the commission, his non-joinder will not on its own operate to void the petition if the commission is made a party."
Explanation / Scope
This principle establishes that non-joinder of electoral officers does not void a petition if they acted as agents of INEC and INEC is a party. The principle applies in election petitions. It ensures that petitions are not defeated by technical non-joinder. The principle reflects the proviso to Section 144(2) of the Electoral Act. It prevents unnecessary multiplicity of parties. The court must determine if the officer acted as an agent. The principle provides guidance on joinder of electoral officers.