BINANI: Federal High Court lacks jurisdiction to entertain judicial review in election cases, Secondly no evidence that INEC has declared the results, by O. G. Chukkol, Esq.
I just perused through the application filed by Binani seeking the Federal High Court to review the decision of INEC over the illegal declaration of results by the suspended REC.
First of all the application is dead on arrival because Federal High Court lacks jurisdiction to entertain such an application. This was emphasized recently in the case of INEC v. JULDE & ORS (2023) LPELR-59841(CA) as follows:
“…election matters are in a class of their own and entirely statutory, as such the prerogative writs of certiorari, mandamus and prohibition (being common law remedies) cannot be invoked in election and election-related matters; and that where they are invoked, they cannot change the character of the matter as election matter which belongs to the election tribunal and outside the jurisdiction of the Federal or State High Courts.”
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Also the Supreme Court of Nigeria in FRIDAY VS, GOV. ONDO STATE (2022) 16 NWLR (PT. 1857) 585, at 623, Paras. A-D, per Eko, JSC, held thus:
“…any dispute arising out of the conduct of an election between those who contested in the election is not the subject matter of jurisdiction of either the Federal High Court or any other Court for that matter other than the Election Tribunal specifically established and conferred the jurisdiction under section 285(1) of the 1999 Constitution. Earlier in A.N.P.P v. Returning Officer Abia State (supra), the point was made that election matters, being sui genesis and entirely statutory; the original supervisory jurisdiction of the High Court by way of judicial review, through the procedure of certiorari, mandamus etc cannot be invoked in a pure election matter; and that where they are invoked, they cannot change the character the matter as an election matter belongs to the jurisdiction of the election tribunal and clearly outside the jurisdiction of the High Court”
Funny enough, Binani did not prove that INEC has declared results because I read through the entire affidavit I did not see where they attached the Declaration of Results form. By law, you cannot use affidavits or oral evidence in proving the declaration of results. See the case of UMOH & ANOR V. AKPAN & ORS (2011) LPELR-CA/C/NAEA/212/2011 where the Court held thus:
“…the Declaration of Result form is the authentic document which no oral evidence nor affidavit evidence can supplement. The Declaration of Result form is the official INEC form for declaration of Results.”
