Legal Principles – Nigerian LawCompass

Election Law Important

ELECTION LAW — Parties to Election Petition — Unnamed and Unidentified Persons Not Necessary Parties

"I do not know how the unnamed, unidentified and unassigned Police and Army personnel as well as political party agents and or thugs can be made parties in the petition....

Election Law Important

ELECTION LAW — Election Petition — Uniform Rules Govern All Petitions Irrespective of Founding Provision

"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,...

Election Law Important

ELECTION LAW — Election Petition — Matters Specifically Assigned to Other Courts Excluded from Tribunal’s Jurisdiction

"Strictly speaking, I think matters or things which constitute infractions of the Constitution and Companies and Allied Matters Act or any Act for that matter, should go before the High...

Constitutional Law Important

ELECTION LAW — Election Petition — Grounds for Questioning Presidential Election Under Constitution Distinct from Electoral Act

"A presidential election petition can be presented based on the sole ground stated under section 239(1)(a) of the Constitution … A presidential election petition can also be presented on any...

Election Law Important

ELECTION LAW — Election Petition — Breaches of Constitution and Other Statutes Not Cognisable in Election Petition

"Complaints against breaches of the Constitution and Companies and Allied Matters Act (or any other law) are not cognizable in an election petition based, founded or rooted in section 239(1)(a)...

Constitutional Law Important

CONSTITUTIONAL LAW — Election — Disqualification for Election under Section 66(1)(h) of the 1999 Constitution — Whether Decision of Local Government Election Tribunal Constitutes Indictment for Fraud

"The section ordains:— '66(1) No person shall be qualified for election to the Senate or the House of Representatives if — (h) he has been indicted for embezzlement or fraud...

Constitutional Law Important

CONSTITUTIONAL LAW — Political Parties — Section 222 Conditions — Exhaustive or Not

"The Constitution, the fons et origo of the legal system, cannot provide for all conditions and situations in respect of recognition of political associations as political parties. The conjunction 'unless'...

Constitutional Law Important

CONSTITUTIONAL LAW — Political Parties — Registration — Distinction Between Eligibility, Registration and Recognition

"Recognition of a political party is not quite the same thing as registration of a political party, while registration of a political party is quite distinct and is not the...

Constitutional Law Important

CONSTITUTIONAL LAW — Legislative Powers — National Assembly — Power to Impose Additional Conditions for Political Party Registration

"Where the Constitution has enacted exhaustively in respect of any situation, conduct or subject, a body that claims to legislate in addition to what the Constitution had enacted must show...

Election Law Important

ELECTION LAW — Statutory Interpretation — Ejusdem Generis Rule — Whether Applicable to Section 133(2) of the Electoral Act, 2002

"I am unable to accept the argument that the ejusdem generis rule will be of help in the interpretation and proper understanding of section 133(2) of Act... It seems to...

Election Law Important

ELECTION LAW — Parties to Election Petition — Fair Hearing — Whether Principle of Audi Alteram Partem Can Justify Joinder of Person Not a Necessary Party under Statute

"The principle of audi alteram partem can only be invoked in respect of a case where a person ought to be joined as a necessary party but is denied the...

Election Law Important

ELECTION LAW — Parties to Election Petition — Unsuccessful Candidate — Whether an Unsuccessful Candidate Can Be Joined as Respondent to an Election Petition

"It is manifest that section 133 of the Act places no obligation on a petitioner(s) to make any candidate who lost an election or any political party, whether of a...