The Nigerian Supreme Court On Electoral Matters And The Dynamic Nature Of Law.
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Abstract
In logic, there are four concepts of argument: first, the law of non-contradiction, second, the law of excluded middle, third, the law of identity, and fourth, De Morgan’s laws. However, for convenience’s sake, we shall limit ourselves to the first two of the four concepts of arguments.. The law of non-contradiction states that: if something is true, then the opposite of it is false. For example, suppose it is true that in genuine democracies, the majority must rule. In that case, the opposite of it is false to state that, in genuine democracies, the minority must rule. A statement must not offend the law of identity. For example, a minority rule over a majority is not dangerous, unlike setting a venomous snake on the loose. A person not scared by minority rule over the majority is irrational. The law of identity states that each thing is identical with itself. Against these backgrounds, we will critically appraise some of the Supreme Court of Nigeria’s decisions in electoral matters. This paper examines whether the Supreme Court’s decision on some disputes on electoral matters is premised on valid logic based on a wide range of acceptable political nuances. The objective of this paper are: to embark on the voyage of distilling the views of authors to study the trends of knowledge in review of literature, to engage in critical appraisal of some decisions of the Supreme Court on electoral matters, to distill reasons why some of the decisions of Courts are not in tandem with the basic rules that guides any political establishment, and to suggest solutions for future consideration by the Courts.
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References
O. Durotolu, (1994), A Blueprint for Nigeria Economic Survival And Some Essays on Commercial Law, Osogbo, Nigeria, Jehoval Loveslink And Press Limited.
Ibid.
Ibid.
Awolowo v. Shagari, (1979) CLR 9(a) (SC) ; VRU 14 (1981), S. 387-399.
O, Durotolu, Op.cit.
Ibid.
Retrieved from www.britannica.com on the 3rd day of November, 2022.
The Citizen Assembly on Electoral Reform was a creation of regulation under an Ontario’s Electoral Act. The regulation directs the Assembly to consider eight principles and characteristics to assess inter alia the Ontario Electoral System and to consider any other principles it believes are essentials to democratic governance, which are simplicity and practicability. Retrieved on the 3rd day of September, 2022 from www.citizenassembly.gov.on.ca
Ibid, p.7.
Ibid, Pp -89.
Ibid, p 9
“The Electoral knowledge Network”, retrieved from https://aceproject.org on the 3rd day of September, 2022.
(SC. 648/2016; (2016) NGSC 84, 30TH day of September, 2016.
Supra.
Supra.
Supra.
Supra.
Black’s Law Dictionary, 8th edition, p.540.
Supra.
relevant provision as contained in the manual states that: where the margin of win excess of the total number of registered votes of the polling unit(s) where elections were cancelled or not held, the returning officer shall decline to make a return until another poll has taken place in the affected polling units and the results incorporated into a new form ECSD for a declaration and returns.
Supra.
See S. 87 of the Electoral Act, 2010: See also Onubugadu v. C. P. C. (2012) lpelr, 8606 (CA).
ZMS/GS/52/2018.
Supra.
Supra.
Supra.
Supra.
Supra.
Supra.
Supra.
Supra.
Supra.
Supra.
Supra.
Daily Post of 3rd day of May, 2021, “ Zamfara Governor Offers to Resign Over Rising Insecurity”, retrieved from https://dailytrust.com
(2020) LPELR-50950 (CA); Suit No,CA/ABJ/EPT/GOV/704/2020, Judgment of 2nd October, 2020.
Supra.
Supra.
Supra.
Famu v. Kassim (2013) 7 NWLR (Pt 1352) p. 124 ; Cole v. Jibunor (2016) 4 NWLR (Pt 1503) p. 499.
PDP V. INEC (2014) 17 NWLR (Pt 1437) P. 525; Ekagbara v. Ikpeazu (2016) 4NWLR (Pt1503) P. 411.
Supra. See also Abubakar Atiku v. Yar’ Adua, Sc. 72/2008.
See Lau v. PDP (2018) 4 NWLR (Pt 1608) P. 660.
FHC/CS/1101/2019.
Supra.
Supra.
Supra.
Judgment of the Court of Appeal, Abuja, delivered on the 23rd day of December, 2019; (2020) LPELR- 50950, CA.
Judgment of the Supreme Court of Nigeria, deceived on the 13th day of February, 2020.
Supra.
The Constitution of the Federal Republic of Nigeria, I999.
Leviathan: or the Matter, Form, and Power of a Commonwealth, Ecclesiastical and Civil. Hobbes, T (2008), Leviathan, edited by J,C,A, Gaskin, London, Oxford University Press.
The democratic system this country has adopted was borrowed from the United States of America and other democratic nations of Europe. Those from whom we borrowed this system are steadily forging ahead in all areas of endeavour to create stress-free and economically viable nations. For this great country, some politicians either are ignorant of what party politics is or have continuously dragged this nation backwards out of mischief. If care is not taken, this class of politicians will drag this nation to the Stone Age, where all of us will be consumed. I urge this class of politicians to play the game according to the laws and guidelines that they have enacted. It is only when this is done that sanity will take centre stage in this great nation’s domestic and international affairs.