LEGAL PRINCIPLE: ELECTION LAW — Election Petition — Grounds for Questioning Presidential Election Under Constitution Distinct from Electoral Act
PRINCIPLE STATEMENT
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 of the four grounds prescribed under section 134(1)(a)-(d) of the Electoral Act. Section 131(1) of the Act makes it clear that a petition may be brought either in accordance with the Constitution or the Act.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at pp. 6–7; Paras E–A.
"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 of the four (4) grounds as prescribed under section 134(1)(a)-(d) of the Act … Section 131(1) of the Act makes it abundantly clear that a petition may be brought or filed either in accordance with the provisions of the Constitution or of the Act."
EXPLANATION / SCOPE
A petitioner may choose between constitutional and statutory grounds. The principle applies to election law. The grounds under the Constitution and the Electoral Act are distinct. The rule gives the petitioner options. The court will accept petitions filed under either provision. The principle is well-established.
