Interrogating Onamade’s advocacy in election petitions, electoral act, 2022


Introduction
Credible elections are very vital to the sustenance of credible democracy. As such, facilitation of transparent electoral process must put into consideration the determination of legal challenges to election related disputes, which is regarded as sui generis.

Election Tribunals and the superior courts of record in Nigeria, in the performance of their constitutional roles of interpretation and application of various laws applicable to electoral process, have come up with pronouncements in their determination of election petitions over the years.

The book under review, comprising twenty chapters, is a practice book, which the learned author has observed to be devoted “to pronouncements of superior courts of record in Nigeria while interpreting the electoral law to determine election petitions in recent times”.

The author, an eminent Jurist, demonstrated his insightfulness of the subject matters within the context of electoral law practice and procedure supported with well-arranged judicial pronouncements from decided cases. This review is a tip of an iceberg considering that the book is rich in knowledge and compelling to read particularly with the author’s lucid and illuminating style.

In chapter one, divided into three parts, the author sets the tone by looking at Constitutional Law. Under the first part, he considers evolution of constitutionalism and identifies the hierarchy of laws in Nigeria. He examines the three distinctive arms of Government namely the (1) the Legislature, (2) the Executive and (3) the Judiciary. Under part two, he takes the reader through a highly illuminating diverse principles applicable to interpretation of legislation.

In chapter two which the author devotes to “Election”, he examines different stages of an election, and identifies six necessary steps to be taken for election to be deemed conclusive. He considers the process of voting, accreditation of voters and related processes. Another germane step in an election process which is accreditation of voters is not left out. Any votes returned where there is no accreditation are invalid votes. The author considers the requirements for winning an election, among other salient principles connected to nomination of candidates, and the proof of the existence of a political party.

In chapter three, issues and principles in ‘Pre-election’ are carefully discussed by the author. He identifies some of the prominent pre-election matters, among which are: (1) Determination of actual winner of primary election; (2) Dispute arising as a result of substitution of a winner of a primary election by a political party; (3) Determination of court with jurisdiction to hear pre-election matter; and (4) Determination of a pre-election matter after the conduct of the real election. It is a delight to read.

The author considers in chapter four various laws applicable to election petitions. He identifies other statutes, including the Nigeria’s Constitution and the Electoral Act, the interpretation and application of which may crop up during the hearing of an election petition. He breaks the chapter to sub-headings as follows: matters relating to interpretation of statutes, the Public Officers’ Protection Act, the Limitation Act and the Illiterates Protection Act making use of apposite pronouncements of the courts.

The author dedicates chapter five to the Federal High Court. He embarks on a thorough examination of the jurisdiction of the Federal High Court generally and its jurisdiction in election matters. Other salient issues considered by the author in this chapter include the jurisdiction and law to be administered by the court, limits of the jurisdiction and judicial powers conferred on the court by the Constitution, and the impropriety of commencement of election-related matters by prerogative writ.

In chapter six, the author considers the establishment, powers and functions of Nigeria’s electoral umpire, the Independent National Electoral Commission (INEC) as stated under the 1999 Constitution and the Electoral Act, 2022. In his consideration of the functions of its officials, he gives particular preference to the functions of the important officials such as the Presiding Officer and the Returning Officer. He considers the status of INEC’s regulations, guidelines and manuals and does not leave out the State Independent Electoral Commission as contained in Part II of the Third Schedule to the CFRN, 1999 (as amended).

In chapter seven devoted to Candidacy by the author, he carefully identifies and discusses the salient issues and principles applicable to candidacy. The author considers the grounds for questioning an election placing reliance on section 138(1) of the Electoral Act, 2010 now section 134 of the Electoral Act, 2022. He makes a thorough analyses of when a single candidate and two or more candidates shall be deemed to have been duly elected to the office of Governor of State as provided under section 179 of the 1999 Constitution.

In chapter eight of the book, the author considers Election Petitions Tribunals and elucidates the composition of the different types of the election tribunals. He also discusses the importance of issue of jurisdiction and identifies determinants of jurisdiction of court.

Chapter nine of the book deals with Election Petition. The author considers in this chapter the person who is qualified to present an election petition. He examines the meaning of cause of action, the applicable law to a cause of action as well as the time the cause of action arose. There is also an examination of the statutory provisions relating to election petitions.

The focus of chapter 10 is Parties to Petition. The author considers the capacity or standing of a party to institute an action in a court of law known as locus standi. Readers will find in this chapter necessary parties to an election petition. He examines the person that can challenge a candidate on the ground of giving false information to the electoral body and the propriety of a member of the same political party challenging the winner of an election. This is followed by when INEC can be a necessary party and the issue of proper respondent in election petitions.

Chapter 11 is on Grounds for Petition. The author examines the constitutional and statutory enactments relating to electoral matters. He focuses particularly on section 134 of the Electoral Act, 2022 on the grounds in respect of which an election may be questioned, section 135 which provides for certain defect that will not invalidate an election, and section 136 that makes provisions on nullification of election by tribunal or court.

Chapter 12 is focused on practice and procedure wherein the author considers statutory provisions relating to rules applicable to election proceedings, the Rules of the Federal High Court and importance of rules of court. An elaborate consideration of judicial pronouncements on purpose and nature of rules of court and a distinction between rule and principle was embarked upon leading to a discussion on filing of court process.

In chapter 13, which focuses on “Practice Direction”, the author undertakes analysis of Practice Direction in relation to election petitions. The effects of conflict between Rules of Court and Practice Directions and the need to observe provisions of the Practice Directions regarding time in election petition cannot be more emphasised. The application of some paragraphs of the Practice Direction is considered by the author.

Chapter 14 of the book is dedicated to ‘Evidence’ which is the all-important subject that touches all other law subjects because it is required to prove or disprove one’s claim(s). The author examines the quality of evidence that court may believe and the ‘best evidence’ rule. He considers the importance of admission in evidence, and the onus on the claimant to establish his case by credible, cogent and admissible evidence. An elaborate consideration of admissibility of evidence, principles governing admissibility of evidence, test of admissibility of evidence and admissibility of opinion evidence is undertaken.

Chapter 15 deals with documentary evidence. The nature of documentary evidence, ways of proving contents of documents and when court can determine validity of documentary evidence are also treated elaborately by the author. Readers will find in this chapter a careful examination of the meaning of ‘computer’ from sections 84 and 258 of the Evidence Act, 2011, when information is deemed produced by a computer and when information is deemed supplied to a computer.

Chapter 16 is dedicated to removal of public office holders. According to the author, one of the provisions of the 1999 Constitution that occasionally come under the telescopic eyes of the executive, the legislative and the judiciary is that which relates to removal of public office holders otherwise known as ‘impeachment’. He considers the relevant constitutional provisions connected thereto in sections 50(2), 69, 92(2), 110, 143, 144 and 188 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended).

Chapter 17 is devoted to judgment and orders. The author mostly relies on decisions of superior courts of record, particularly the Court of Appeal and the Supreme Court of Nigeria. He takes the readers down a robust presentation of both judgement and orders. Of course, reference was made to the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act, 2010 (as amended), the current Electoral Act, 2022 as well as the Evidence Act, 2011.

Chapter 18 focuses on the smart card reader machine. According to the author, its introduction by the Independent National Electoral Commission was an initiative which was carried out and being applied at a time when the electoral law had not been amended to incorporate its use into the electoral system. The author considers in this chapter, comments and decisions of Justices of the Supreme Court of Nigeria on the application of this machine, which no doubt, has added credibility to the Nigerian electoral system.

Chapter 19 focuses on the constitutional provisions relating to appeal. The author employs lucid and well-arranged judicial pronouncements in respect of appeal in electoral matters. He starts with an elaborate examination of the source of jurisdiction of the Supreme Court of Nigeria, among others, and proceeds to a well-articulated examination of the powers and jurisdiction of the Court or Appeal. There is a consideration of the decision of the Court of Appeal in respect of appeal from decisions of the National and State Houses of Assembly Election Tribunal as well as its exclusive power to hear and determine Presidential Election Petitions.

Chapter 20 is devoted to role of the legal practitioner, where the author reiterates the constitutional provision of right to counsel of one’s choice as stated in section 35(7)(c) of the Constitution. The effect where seal and stamp of counsel is not affixed on a legal is not left out.

Conclusion
The book, no doubt, is a germane contribution to knowledge by a highly resourceful and hardworking retired Judge, not only in the area of electoral laws but also in the area of law of evidence and constitutional law. The author’s erudition and profundity are demonstrated through presentation in a manner that the interest of the readers will be captivated and sustained. In my humble view, the book is rich in contents and it will be of immense benefit for Lawyers generally but particularly those involved in election related matters, Judges, Law Faculties in our tertiary institutions and discerning members of the public. It is highly recommended to these listed categories.
Dr Alayinde is of the Faculty of Law, Obafemi Awolowo University, Ile Ife.

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