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PRE-ELECTION LITIGATION: THE CHANGING JURISPRUDENCE OF SECTION 31(5) & (6) OF THE ELECTORAL ACT, 2011 (AS AMENDED).

On the 7th day of May, 20222, the Court of Appeal, Asaba Division dismissed the appeal in Appeal No: CA/AW/100/2022 instituted by one Francis Adinor challenging the qualification of Valentine Ozigbo and his running mate Mrs Lilian Azuka Enemo in the just concluded Anambra State Governorship election held on the 6th of November, 2021 from contesting on the grounds that they gave false information owing to the slight variant in their names.

The penultimate court held that the information supplied by the Peoples’ Democratic Party’s candidates in their respective form EC-9 (Particulars of personal qualification), were not false in any way and in the absence of the deed poll as held in the case of PDP V. Degi-Eremienyo & ORS- SC/1/2020, it does not invalidate their qualification having met the constitutional requirement to vie for the said offices.

More fundamentally, the court held that the matter was statute-barred and academic owing to the fact that the elections having been conducted, hence the provisions of Section 31(6) of the Electoral Act (2011) upon which the case was predicated, cannot be activated.

We are pleased to have represented the 2nd respondent; Mrs Lilian Azuka Enemo through our Dispute resolution team headed by our Managing Partner: M.J Numa Esq, with O.O. Osusu Jnr, and B.J. Tabai Esq.

#Disputeresolution#electionlitigation#pre-election#valentineozigbo