ELECTION LAW — Election Petition — Breaches of Constitution and Other Statutes Not Cognisable in Election Petition
Ratio Decidendi
Per Kutigi, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at pp. 18–19; Paras E–A:
"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) of the Constitution."
Explanation / Scope
Election petitions cannot challenge non-electoral laws. The principle applies to election law. Only election-related complaints are cognisable. The rule limits the scope of election petitions. The petitioner must file separate proceedings for other grievances. The principle is well-established.