Barde v. INEC & Ors (2024)
Citation: Jibrin Muhammad Barde & Anor v. INEC & Ors (2024) SC/CV/1226/2023
Court: Supreme Court of Nigeria
Date Delivered: 19 January 2024
Area of Law: Electoral Law, Civil Procedure
Facts
The appellants challenged the outcome of the Gombe State governorship election, alleging that the declared winner was not qualified and that there were irregularities in the conduct of the election.
The respondents objected on the ground that the petition raised pre-election issues which ought to have been filed before the election.
Issues for Determination
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Whether allegations of qualification constitute pre-election matters.
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Whether new facts introduced in a reply to a petition are competent.
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Whether the appellants proved substantial non-compliance.
Decision
The Supreme Court dismissed the appeal, holding that the petition was incompetent.
Ratio Decidendi
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Issues relating to nomination and qualification of candidates are pre-election matters and cannot be raised in a post-election petition.
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A reply to a petition cannot be used to introduce new causes of action.
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Courts will strike out incompetent pleadings regardless of the merits of the case.
Significance
The judgment provides clarity on the procedural boundaries between pre-election and post-election disputes under the Electoral Act, 2022.
