PRELIMINARY PAGES
CHAPTER FOUR
Title page
Certification
Dedication
Acknowledgement
Table of contents
Table of Cases
Table of Status
Abbreviations
CHAPTER ONE
GENERAL
INTRODUCTION
1.1 Background
of the Study
1.2 Statement
of the Problem
1.3 Research
Questions
1.4 Objectives
of the Study
1.5 Research
Methodology
1.6 The
Significance of the Study
1.7 The Scope
of the Study
1.8 Limitation
of the Study
CHAPTER TWO
DEFINITION OF
TERMS ORIGIN AND ESTABLISHMENT OF TRIBUNALS IN NIGERIA
2.1 Introduction
2.2 Definition
of terms
2.2.1 Election
2.2.2 Tribunal
2.2.3 Election
petition
2.3 Origin
of Tribunal in Nigeria
2.4 Establishment
of Tribunals in Nigeria
2.5 Summary
Review of Election Petition Tribunal
CHAPTER THREE
CASES ON
ELECTION PETITION TRIBUNAL IN EBONYI
STATE
3.1 Introduction
3.2 Awolowo
v. Shagari (1979) 12 NSCC
3.3 Ojukwu
v yar adua (2009) 12 NWLR (Pt. 11547
3.4 Agagu
v Mimiko (2009) 7 NWLR (pt. 1140) 343
3.5 Oni v
Fayemi (2008) 8 NWLR (pt.1089) p. 400
3.6 Osunbor
v. Oshimole (2009) All FWLR (Pt 463)
3.7 Aregbesola
v. Oyinlola (2008) NLFWIR (pt. 436) page 2018.
3.8 Amechi
v. INEC (2007) INWLR (pt 1040) p.g 504
CHAPTER FOUR
APPRASIAL OF
THE DECISION OF THE ELECTION PETITION TRIBUNALS
4.1 Elections
petition tribunals and the issue of jurisdiction
4.2 Limitation
of decision of election petition tribunal
4.3 Far
hearing in election petition tribunal
4.4 Hearing
speed of the decision of the election petition tribunal
4.5 Treatment
of evidence in the Decision of election petition tribunal
CHAPTER FIVE
CONCLUSION
5.1 Observation
5.2 Recommendation
5.3 Conclusion
Bibliography
CHAPTER ONE
GENERAL INTRODUCTION
1.1 BACKGROUND OF THE STUDY
Election is a multi facet challenge
in Nigeria.
Military incursions into political governance, tribalism, corruption and apathy
have deepened the electoral challenges confronting the Nation. Consequently,
the structure and dynamics of contemporary electoral process in Nigeria has
become complex. Electoral process involves the method through which a person is
elected to an office. It is the taking and counting of votes. A cursory
discourse of the past electoral process in Nigeria is inevitable for the
purposes of clarity of work.
In
historical parlance, the southern and Northern protectorates were mechanically
amalgamated into one geographical entity called Nigeria in 1914. Sir Fredrick Lord
Luggard became the first governor General. Successively, Sir Hugh Clifford came
on board and introduced the 1922 constitution. The remarkable provision made by
the said constitution was the introduction of elective principle and the
establishment of the Legislative Council.
All
over the world, one of the hallmarks of democracy is the regular and frequent
elections to choose who will occupy a position or an office in a peaceful and
orderly manner. The need for regularity or election as the basis of electing an
occupier of an office is based on the fact that it is about the only way that
we can peacefully transit from one person to the other and from one government
to another.
It
is imperative to note that, an election is an election, only where the votes of
majority counts and is counted notwithstanding the expression of the minority.
Whoever eventually emerges as a result of an election will be seen to be
representing the people.[1]
There is no where in the world where we have a perfect election irrespective of
the advancement in economic, political and socio-standing. This is because it
is a human endavour, thus, we cannot expect any perfection. Notwithstanding
this position, there appears to be irreducible minimum standard in determining
a free and fair election. Such determinants includes: an impartial arbiter, enabling environment,
freedom of the electorate to choose their candidate(s), orderliness, to mention a few.
The
realization of the possible imperfections in the electoral system calls for a
redress mechanism where an aggrieved individual will ventilate his or her
grievances against the outcome of the election. This is the rational behind the
institutionalization of election petition tribunal or courts all over the world.
In Nigeria,
we have some election petition tribunals,[2] established to handle election cases.
A
close study of political landscape today on the approach of politicians to
polities convey that a lot still needs to be done to enable us have elections
which are free and fair as referred by the Constitution of the Federal Republic
of Nigeria[3].
The major setback on our elections has been a direct effect of corruption in
the land, which has transformed into full fledged poverty in the society.
Section 16(2) (d)[4] enjoins
the State to ensure that suitable and adequate shelter, suitable and adequate
food, reasonable national minimum living, wage, old age care and pension,
employment, sick benefits and welfare of disabled are provided for all
citizens. In situation where all these are not in place as we currently have in
Nigeria,
elections are far from being free and fair.
Since
elections are virtually free and fair, disputes are common after math. It is
therefore imperative to in all intents that aggrieved parties should not take
laws into their hands, as the 1999 Constitution[5]
provides for the establishment of one or more election tribunals, which shall
to the exclusion of any other court or tribunal, have original jurisdiction to
hear or determine petitions. Its subsection 2 indicates the establishment of
the State election tribunal to be known as the Governorship and Legislative
House Election Tribunal which should have the original jurisdiction to hear the
petitions as to whether any person has been validly elected to the office of
the governor or as a member of any legislative House. In this work, we shall
concentrate on the Election Petition Tribunal in Nigeria,
There appears to be a rise
in the election disputes in Nigeria.
This should not be seen as a weakness of the system as it must be acknowledged
that election disputes are inherent in the electoral process. Thus, such rise
in number should rather be viewed as an indication of the strength, vigour,
robustness, vitality and openness of the democratic system rather than as signs
of weakness in the system.
The fair and timely resolution of electoral
disputes is a critical part of any electoral process and there is a word-wide
consensus that those availing themselves of formal adjudication process should be
entitled to a quick and soft resolution of their disputes by an independent and
impartial tribunals, in this case, the Election Petition Tribunal was
established to handle disputes arising from the conduct of election in various
states of the federation. The problem of quick resolution of electoral disputes
appears to be the main challenge of Election Petition Tribunal in Nigeria. The
tardiness in resolution of electoral disputes appears to be the rational for
the view that the courts should hands off election petitions[6]. There are enactment of various laws to
safeguard peaceful relationship and welfare of the people. The Constitution of
the Federal Republic of Nigeria, the electoral Act, and the electoral laws for
each state of the country to aim to regulate the conducts of Election in Nigeria.
It is intended in this paper
to critically appraise the Decision Election Petition Tribunals in Nigeria, Jurisdiction
of Election Petition Tribunal in Nigeria, assessment of the decisions
of Election Petition Tribunal in Nigeria, way forward and
conclusion.
1.2 Statement of the Problem
As
noted earlier in the background of this work, the conduct of election is not
always free and fair. As a result of this, disputes resulting in the irregular
conduct of elections abound. And these disputes must be resolved for both
parties to be happy and for justice to be attained. Lots of laws have been made
to regulate the conduct of election in Nigeria, yet, disputes are always
the out come of almost every election in Nigeria. Similarly, many election
tribunals have being established for the primary purpose of resolving election
disputes in Nigeria.
In this case, the Election Petition Tribunal which was established to handle
disputes arising from the conduct of Election. Such this dispute arisen from
election are such as massive rigging, bribery and a hole lots of other vices have
turned our election to selection. The voters are confused, angry and
disappointed and the “defeated” contestants seek a redress for this election
malpractice. Therefore election tribunal was set up to look into election cases.
For
conflict to be resolved amicably, it is pertinent to have people who have no
vested interest in either of the parties. This would ensure that there will be
no bias in the decisions. In the case of constituting the tribunal, there can
be no saying whether those setting up the tribunal have no interest in the
outcome of the election which would influence the caliber of people selected.
Another
problem facing election petition tribunal is that the power to hear and
determine petition is not final this is because aggrieved party who is not
satisfied with the decision of the Election Petition Tribunal goes to Court of Appeal for final decision
this means that Election Tribunal are
not final since such decision are
subjected to he supervision of court of appeal by way of appeal.
Also
lack of free and fair election or irregularities in the conduct of election is
another problem. This is so, because it is these irregularities that sometime
give rise to petitions in the Election Petition Tribunal in Nigeria.
All
these point to the fact that there is need further regulation of the conduct of
persons towards election activities in Nigeria. Hence, this study seeks to
take a wholistic approach in appraising the decision of Election Tribunal in Nigeria in
order to ascertain the adequacy or otherwise of such decision. It also seek to
suggest a way forward.
1.3 Research Questions
The following questions are
what this study aims to answer.
(a) Whether the decision of the Election Petition are adequate
enough to satisfy the parties to a case?
(b) Whether the Election Petition Tribunal has been observing the
provisions of the Electoral Act and other rules and regulations in delivering
its decisions.
(c) Whether
the decision of the election petition in Nigeria reflect the spirit of
democracy?
(e) What are the basic recommendations for the way forward?
1.4 Objectives
of the Study
The Objective of the study is to critically appraise
the decision of the Election Petition Tribunal in Nigeria and specifically to;
a. Determine the adequacy or otherwise of the decision of the
Election Petition Tribunal in Nigeria,
b. Determine the adequacy or otherwise of certain provisions of
the Electoral Act in resolving election disputes arising form the conduct of
election in Nigeria
c. Determine the problems which have been militating against the
Election Petition Tribunal in delivering its decision in Nigeria
d. Determine the extent which decision of Election Petition
Tribunal reflect the spirit of democracy in Nigeria.
e. corruption briery and fraud should be totally eradicated in
other to make election free and fair.
f. To make recommendations for the way forward.
1.5 Research Methodology
The
procedure in arriving at the judgments of the election petition tribunal is
mostly regulated by statute. Hence, in writing this work, much reliance will be
placed on the primary source of data i.e. statutes, subsidiary instruments and
most especially judicial authorities.
Secondary
sources of data will also be of immense help in clarifying some knotty issues.
In this age of information technology (IT), we cannot but exploit the
opportunities presented by internet, in order to examine the current views of
writers in this area and as well acquaint ourselves with the trend in other
jurisdictions.
1.6 The Significance of the
Study
The
study on critical appraisal of decision of the Election Petition in Nigeria will
definitely go a long way in finding solution to the problem in this area of
law.
The
study will be useful to the following people and institutions.
The
Government:
The state government will find this study useful as a guide in policy making,
especially on the area of performance of the Election Petition Tribunal in Nigeria using Ebonyi State
as a case study.
The Tribunal The Election Petition
Tribunal of various States in Nigeria
will find this study handy in delivering its decision.
Researchers
and Students:
Judgments of the Election Petition Tribunal is one of the most controversial
area in our legal systems, this study will serve as a useful guide and
reference point to researchers and students, whenever they are faced with any
problem in this area.
As
a follow-up, law teachers will equally find this study as a useful material in
preparing their lecture note in this area of law. This study has been designed
in such a way that it incorporates almost every area of Law and it is aimed at
contributing to scholarship and expansion of knowledge.
1.7 Scope of the Study
In
order to appreciate the objective and result of this study, we will restrict
the critical appraisal of decision of the Election Petition Tribunal, in Nigeria using Ebonyi State
as a case study.
Finally,
our appraisal will be restricted to the decision of the Election Petition Tribunal
in Ebonyi State of Nigeria, with a view to discovering
any defect in such decision.
1.8 Limitations of the Study
The
study on the critical appraisal of the decision of the Election Petition
Tribunal in Nigeria
like every other discussion on law and humanity has certain inherent
limitations. Some of these limitations arise from the fact that this area has
not received much of the attention of Nigerian legal scholars. Sad enough, this
area of law is not treated as a topic in any university.
Other limitations include:
time in writing this work, the writer lacked enough time owing to the fact that
he has been combining it with his other class assignments. Also, the writer
lacked financial resources to embark on the voyage of discovering beyond the
confines of this institution of learning.
[1] Emeka
Umeagbalasi-The Concept of election
monitoring/Observation in Nigeria
is rougish and outdated. How can Nigeria civil society organizations
abet election rigging.
http/wwww.Saharareports.Com/press-release/concept-election visited 22/07/2012.
[2]
Governorship and Legislative House, Presidential Election Petition and the
National Assembly Election Petition, Tribunals
[3] Sections
15-18 of the 1999 Constitution of the
Federal Republic of Nigeria 1999 CFRN as amended
[4] Section
16 (2) (d) Ibid.
[5] Section
285, Ibid.
[6] Nwodo v.
Onoh (1984) I.S.C. p. 1