An Appraisal of the Grounds and Burden of Proof in Election Petition in Nigeria

Abstract

The paper appraised the grounds and burden of proof in election petition in Nigeria. The objective of the study was to examine the various statutory grounds under which an election petition may be brought, the requirement of proof of each ground and an in-depth analysis of the various tests-cum-standards evolved by election tribunal and the reason and rationale behind those yardsticks. The paper adopts a doctrinal method, relevant legislations, textbooks, literature and particularly case laws were explored for a good understanding of the burden of proof under the Electoral Act 2010. Findings from the study revealed among other things, that the adherence to technicalities over and above substantial justice appears to have made court and tribunals shut their eyes at whatever injustice that may be occasioned by their strict adherence to the wordings of the statutes thereby making it to dish out ruling that do not correspond in most cases with the general aspirations and yearning of the electorate. The study recommended among other things that technical justice must not be allowed to defeat the essence of ensuring only people with genuine mandate get the return tickets as winners of election.