LEGAL PRINCIPLE: STATUTORY INTERPRETATION — Electoral Act — Section 134 Provides Exhaustive Grounds for Questioning Election
PRINCIPLE STATEMENT
Under the decision, the provisions of section 134 of the Electoral Act are exhaustive. An election or return cannot be questioned on any issue outside the provision of section 134 of the Electoral Act.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at pp. 56–57; Paras E–A.
"Under this decision, the provisions of section 134 of the Electoral Act are exhaustive. An election or return cannot be questioned on any issue outside the provision of section 134 of the Electoral Act."
EXPLANATION / SCOPE
Section 134 of the Electoral Act provides exhaustive grounds for challenging an election. The principle applies to election law. A petitioner cannot rely on grounds outside the section. The rule ensures that election petitions are based on specified statutory grounds. The court will dismiss petitions relying on extraneous grounds. The principle is well-established.