Ratio Decidendi

Per Adekeye, JSC, in CPC v. INEC & Ors (2011) NLC-123-426-2011(SC) at p. 24; Paras B—C:

"There is a presumption that any election result declared by a returning officer is authentic and correct. The burden to rebut is on the person who denies its correctness. It is however a rebuttable presumption."

Explanation / Scope

This principle establishes a rebuttable presumption that election results declared by a returning officer are authentic and correct, with the burden of rebuttal on the person denying correctness. The principle applies in election petitions. It ensures that results are presumed valid. The principle reflects the presumption of regularity. It places the burden on the challenger. The court must apply the presumption. The principle provides guidance on election results.

Cases Applying This Principle