Evidential Imperatives in Election Petitions in Nigeria

Election Petition is the only viable and reorganized alternative open to any person or party dissatisfied with the conduct of an election under our laws to ventilate his or her grievances. Over the years, litigants/petitioners have continued to patronize the election petition tribunals/courts with minimal or no success as most of the petitions ended up being thrown out for non-compliance with the applicable electoral legislations or want of proof. The objective of this paper is to examine why it is a near impossibility to prove election petitions anchored on some grounds and also to proffer away out. The paper also advocates by way of recommendation that the electoral umpire (INEC) and judges should uphold substantial justice over and above technicalities; further, the requirement of proof of non-compliance should be made optional or a mid-course approach be adopted in proof of corrupt practices instead of proof beyond reasonable doubt in cases of allegations that have criminal undertone as currently practiced in Nigeria. It is hoped that by the mid-course approach with respect to proof of corrupt practices, the mere fact that it can be established that an election is riddled with corrupt practices, should be sufficient to void such an election without necessarily proving substantial non-compliance with the relevant provisions of the Electoral Act and other laws on that behalf; and without also necessarily establishing the link between the Respondent and the person(s) who carried out the alleged corrupt practices, et cetera.