ELECTION LAW — Non-Compliance — Substantial Effect on Result — Test for Nullification
Ratio Decidendi
Per Rhodes-Vivour, JSC, in CPC v. INEC & Ors (2011) NLC-123-426-2011(SC) at p. 61; Paras C—D:
"Elections held all over the world have irregularities, malpractices, or non-compliance in one form or the other. The duty of the Court is to examine the allegations on the evidence led and the circumstances of the case to see if they were substantial to justify nullification of the result."
Explanation / Scope
This principle establishes that elections invariably have irregularities, and the court’s duty is to examine the evidence and circumstances to determine whether the non-compliance was substantial enough to justify nullification. The principle applies in election petitions. It ensures that only substantial non-compliance invalidates elections. The principle reflects the test for nullification. It prevents nullification for minor irregularities. The court must assess substantially. The principle provides guidance on non-compliance.