AN EXAMINATION OF LAWS REGULATING ELECTION PETITIONS IN THE LOCAL GOVERNMENTS OF NIGERIA

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AN EXAMINATION OF LAWS REGULATING ELECTION PETITIONS IN THE LOCAL GOVERNMENTS OF NIGERIA

ABSTRACT

Today, its no doubt that election petition forms an intrinsic nature of our democratic setting as dispute and dissatisfaction are bound to arise from the conduct of election and as such dispute has to be resolved and determined by a competent judicial bodies in order to maintain the interest law and order in the Country. The Constitution in fairness to this has created a special adjudicatory bodies otherwise called the tribunals and these as well include the National Assembly Election Tribunal, the Governorship and Legislative House Election Tribunal and the Court of Appeal with exclusive jurisdiction on matters pertaining to the presidential election but left a vacuum that has to do with laws creating and regulating Local Government Election Tribunal. This has therefore led to a lot of idea as to the nature and forms of laws regulating election petition in some Local Government in Nigeria. The project therefore examines the various Laws regulating election petition in some Local Government of Nigeria. The project examines particularly Bauchi and Kwara States Laws regulating election petition in their Local Governments.

TABLE OF CONTENTS

ABSTRACT

TABLE OF CASES

TABLE OF STATUTES

LIST OF ABBREVIATIONS

CHAPTER ONE

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

1.1.0: BACKGROUND TO THE STUDY

1.2.0: OBJECTIVES OF STUDY

1.3.0: FOCUS OF STUDY

1.4.0: SCOPE OF STUDY

1.5.0: METHODOLOGY

1.6.0: LITERATURE REVIEW

1.7.0: DEFINITION OF TERM

1.8.0: CONCLUSION

CHAPTER TWO

ELECTION PETITION TRIBUNALS IN NIGERIA

2.0.0: INTRODUCTION

2.1.0: ESTABLISHMENT AND TYPES OF ELECTION PETITION TRIBUNALS IN NIGERIA

2.1.1.1: TYPES OF ELECTION PETITION TRIBUNALS IN NIGERIA

2.1.1.1.0: THE COURT OF APPEAL

2.1.1.1.1: THE NATIONAL ASSEMBLY ELECTION TRIBUNAL

2.1.1.1.2: THE GOVERNORSHIP AND LEGISLATIVE HOUSE ELECTION TRIBUNAL

2.1.1.1.3: THE LOCAL GOVERNMENT ELECTION TRIBUNAL

2.2.0: CONTENT OF ELECTION PETITION IN NIGERIA

2.2.1.0: NAMES OF THE TRIBUNAL AND THE PARTIES

2.2.1.1: GROUNDS OF THE PETITION

2.2.1.2: PRAYERS OF A PETITION

2.2.1.3: SERVICE OF PETITION

2.2.1.4: SIGNING OF PETITION

2.3.0: PRESENTATION OF ELECTION PETITION IN NIGERIA

2.3.1.0: FILING OF A PETITION

2.3.1.1: TIME FOR PRESENTING A PETITION

2.3.1.2: FILING OF REPLY

2.3.1.3: HEARING OF ELECTION PETITION

2.4.0: AMENDMENT OF ELECTION PETITION IN NIGERIA

2.5.0: CONCLUSION

CHAPTER THREE

PROBLEMS FACING ELECTION PETITION IN NIGERIA

3.0.0 INTRODUCTION

3.1.0: PROBLEMS FACING ELECTION PETITION IN NIGERIA

3.1.1.0: FRAUD

3.1.1.1: BRIBERY AND CORRUPTION

3.1.1.2: RIGGING AND MANIPULATION

3.1.1.3: ILLEGALITY AND IRREGULARITIES

3.2.0: CONCLUSION

CHAPTER FOUR

EXAMINATION OF LOCAL GOVERNMENT ELECTORAL LAWS IN NIGERIA

4.0.0: INTRODUCTION

4.1.0: SOURCES OF LAWS REGULATING LOCAL GOVERNMENT ELECTORAL LAWS

4.1.1.1: CONSTITUTION

4.1.1.2: ELECTORAL ACT

4.1.1.3: STATE ELECTORAL LAWS

4.1.1.4: CASE LAWS

4.1.1.5: OPINIONS OF ACADEMIC WRITERS

4.2.0: EXAMINATION OF BAUCHI STATE LOCAL GOVERNMENT ELECTORAL LAW

4.2.1.0: NOTABLE FEATURES OF THE BAUCHI STATE LOCAL GOVERNMENT ELECTORAL LAW

4.2.1.1: DEATH OF CHAIRMAN BEFORE OATH OF OFFICE

4.2.1.2: PRESENTATION AND DETERMINATION OF ELECTION PETITION

4.2.1.3: PROCESS OF APPEL

4.2.1.4: ISSUES OF MEMORANDUM OF APPEARANCE

4.2.1.5: THE ENTRY AND DEFAULT OF APPEARANCE

4.2.1.6: NON FILLING OF MEMORANDUM OF APPEARANCE

4.2.1.7: HEARING OF ELECTION PETITION

4.2.1.8:FILLING OF REPLY

4.2.1.9:COPIES OF REPLY FOR SERVICE

4.2.1.10:EFFECT OF DETERMINATION OF ELECTION PETITION

4.2.1.11: FEES PAYABLE ON THE PRESENTATION OF AN ELECTION PETITION

4.3.0: EXAMINATION OF KWARA STATE LOCAL GOVERNMENT ELECTORAL LAW

4.3.1.0: NOTABLE FEATURES OF THE KWARA STATE LOCAL GOVERNMENT ELECTORAL LAW

4.3.1.1:OFFENCES IN RESPECT OF NOMINATION

4.3.1.2:IMPROPER USE OF VOTER’S CARD

4.3.1.3:IMPROPER USE OF VEHICLES

4.3.1.4:DISORDERLY BEHAVIOUR AT POLITICAL MEETING

4.3.1.5: IMPERSONATION AND VOTING WHEN NOT QUALIFIED

4.3.1.6: DERELICTION OF DUTY

4.3.1.7: BRIBERY AND CONSPIRACY

4.3.1.8: REQUIREMENT OF SECRECY IN VOTING

4.3.1.9:OFFENCE ON ELECTION DAY

4.3.1.10: WRONGFUL VOTING AND FALSE STATEMEN

4.3.1.11: VOTING BY UNREGISTERED PERSON

4.3.1.12: TREATING

4.3.1.12: UNDUE INFLUENCE

4.3.1.13: FEES PAYABLE ON THE PRESENTATION OF AN ELECTION PETITION

4.4.0: CONCLUSION

CHAPTER FIVE

GENERAL CONCLUSION

5.0.0 CONCLUSION

5.1.0 RECOMMENDATION

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