ELECTION LAW — Non-Compliance — Section 139(1) of Electoral Act 2010 — Substantial Compliance Defence
Ratio Decidendi
Per Adekeye, JSC (quoting Section 139(1) of the Electoral Act 2010), in CPC v. INEC & Ors (2011) NLC-123-426-2011(SC) at p. 17; Paras C—D:
"An election shall not be liable to be invalidated by reason of non-compliance with the provisions of this Act if it appears to the Election Tribunal or Court that the election was conducted substantially in accordance with the principles of this Act and that the non-compliance did not affect substantially the result of the election."
Explanation / Scope
This principle establishes that an election shall not be invalidated for non-compliance if it was conducted substantially in accordance with the Electoral Act and the non-compliance did not substantially affect the result. The principle applies in election petitions. It ensures that minor non-compliance does not invalidate elections. The principle reflects the substantial compliance defence. It protects the electorate’s choice. The court must apply the provision. The principle provides guidance on non-compliance.