PROVING SUBSTANTIAL NON-COMPLIANCE IN ELECTION PETITION UNDER THE NIGERIAN ELECTORAL ACT: A MIRAGE OR A REALITY

Abstract

Elections Petitions in Nigeria, particularly those challenging the outcome of elections on the ground of substantial non-compliance to the provisions of the Electoral Act fail more than they succeed. While it has become almost impossible to prove the said ground of substantial non-compliance, there is some ease and possibility in proving the other four grounds provided for when they are raised in an election petition. This problem seems traceable to the Electoral Act regime and the requirement of proof for allegation of substantial non-compliance in election cases. This paper examined the difficulty in proving the ground of substantial non-compliance as provided in Section 138(1)(b) and 139 of the Electoral Act 2010(As Amended). In doing so, it examined further the burden of proof placed on the petitioner where he attempts to prove allegations of offences that constituted the non-compliances in an election petition. The methodology adopted is doctrinal and analysis of the relevant provisions of the Act and literature on the subject. In the end, the researcher recommends the deletion of Section 139 of the Electoral Act 2010 (as Amended) and suggests other necessary amendments to the Act, which if adopted, will enable a petitioner succeed in proving the ground of substantial non-compliance.