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The
Electoral Act
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PART
VI: ELECTION PETITIONS IN RESPECT
OF PARLIAMENTARY ELECTIONS
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18.
(1) No election of a
candidate as a member of the
National Assembly shall be
questioned except by an
election petition presented
under this Part.
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(2)
The election of a
candidate as a member of
the National Assembly
shall be void on any of
the following grounds
which is proved to the
satisfaction of the High
Court upon the trial of an
election petition, that is
to say-
(a)
that by reason of any
corrupt practice or
illegal practice
committed
in connection with the
election or by reason of
other misconduct, the
majority of voters in a
constituency were or may
have been prevented from
electing the candidate in
that constituency whom
they preferred; or
(b)
subject to the provisions
of subsection (4), that
there has been a
non-compliance with the
provisions of this Act
relating to the conduct of
elections, and it appears
to the High Court that the
election was not conducted
in accordance with the
principles laid down in
such provisions and that
such non-compliance
affected the result of the
election;
(c)
that any corrupt practice
or illegal practice was
committed
in connection
with the election by or
with the knowledge
and consent or approval of
the candidate or of his
election agent or of his
polling agents;
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(d)
that the candidate was at
the time of his election a
person not qualified or a
person disqualified for
election.
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3)
Notwithstanding the
provisions of subsection
(2), where, upon the trial
of an election petition, the
High Court finds that any
corrupt practice or illegal
practice has been committed
by or with the knowl- edge
and consent or approval of
any agent of the candidate
whose election is the
subject of such election
petition, and the High Court
further finds that such
candidate has proved that-
(a)
no corrupt practice or
illegal practice was
committed by the candidate
himself or by his election
agent, or with the knowledge
and consent or approval of
such candidate or his
election agent; and
(b)
such candidate and his
election agent took all
reasonable means to prevent
the Commission of corrupt
practice or illegal practice
at such election; and
(c)
in all other respects the
election was free from any
corrupt practice or illegal
practice on the part of such
candidate or his election
agent;
then
the High Court shall not, by
reason only of such corrupt
practice or illegal
practice, declare that
election of such candidate
was void.
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(4)
No election shall be
declared void by reason of
any Act or omission by an
election officer in breach
of his official duty in
connection with an election
if it appears to the High
Court that the election was
so conducted as to be
substantially in accordance
with the provisions of this
Act, and that such Act or
omission did not affect the
result of that election.
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19.
An election petition may be
presented to the High Court
by one or more of the
following persons-
(a)
a person who lawfully voted
or had a right to vote at
the election to which the
election petition relates;
(b)
a person claiming to have
had a right to be nominated
as a candidate or elected at
the election to which the
election petition relates;
(c)
a person claiming to have
been a candidate at the
election to which the
election petition relates;
(d)
the Attomey-General.
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Who
may present election
petition
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20.
( I) Any of the following
reliefs may be claimed in an
election petition-
(a)
a declaration that the
election was void;
(b)
a declaration that any
candidate was duly elected.
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(2)
In addition to the foregoing
reliefs, a petitioner may
apply to the High Court upon
the trial of an election
petition for a scrutiny to
be carried out by the High
Court in such manner as the
Court may detennine.
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(3)
On a scrutiny at the trial
of an election petition, the
following votes only shall
be held invalid-
(a)
the vote of any person whose
name was not on the register
of voters assigned to the
polling station at which the
vote was cast or who was not
authorised to vote at such
polling station under this
Act;
(b)
the vote of any person whose
vote was procured by any
corrupt practice or illegal
practice;
(c)
the vote of any person who
committed or procured the
Commission of personation at
the election to which the
election petition relates,
contrary to the provisions
of this Act;
(d)
the vote of any person
proved to have voted more
than once at the election to
which the election petition
relates;
(e)
the vote of any person who
was disqualified from voting
at the election to which the
election petition relates.
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(4)
In this section
"scrutiny" means
an enquiry as to the
validity of the votes cast,
and includes the
determination of the number
of valid votes cast for each
candidate in the election in
respect of which the
application for a scrutiny
is made.
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Relief
which may be claimed in
election petition
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21.
(I) Every election
petition shall be in such
form and shall contain such
matters as may be prescribed
by rules made by the Chief
Justice.
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(2)
Presentation of an election
petition to the High Court
shall be made by lodging it
with the Registrar in
accordance with the provisions of this Act.
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(3)
Every election petition
shall be signed by the
petitioner or by all the
petitioners if more than
one, and shall be presented
not later than thirty days
after the date on which the
result of the election to
which it relates is duly
declared.
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(4)
Notwithstanding the
provisions of subsection
(3), when the election of
any person (hereinafter
referred to as "the
respondent") is
questioned upon an
allegation of a corrupt
practice or an illegal
practice, the election
petition may be presented-
(a)
at any time before the
expiry of twenty-one days
after the day on which the
returning officer receives
the return of the election
expenses of the
respondent; or
(b)
if the election
petition specifically
alleges a payment of money
or some other act to have
been made or done since
the day referred to in
paragraph (a) by
the respondent or his
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election
agent, or with the
privity of the
respondent or of
his election agent
in pursuance or in
furtherance of the
cor- rupt practice
or illegal
practice alleged
in the election,
at any time within
thirty days after
the date of
payment or other
act.
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(5)
Where an election
petition is
presented under
this section, the
Registrar shall in
writing inform the
Speaker of the
National Assembly
and the Commission
of such
presentation.
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Form
and procedure for
presentation of election
petitions
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22.
( 1) Subject to the
provisions of subsection
(2), the Registrar, shall
make out a list of all
election petitions presented
under this Act, placing them
on such list in the order in
which they are presented,
and he shall keep at his
office a copy of such list
which shall be open for
inspection by any person
making application for
inspection thereof.
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(2) Every election petition
shall, unless the High Court
orders otherwise, be tried
in the order in which it
stands on the list made out
by the Registrar under
subsection (I), but where
more election petitions than
one are presented in respect
of the same election, such
election petitions shall be
bracketed together and shall
be dealt with as one
petition, standing, unless
the High Court orders
otherwise, in such list in
the place where the last of
such election petitions
would have stood if it had
been the only election
petition presented in
respect of that election.
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Duty
of Registrar to make out
list of election petitions
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(2)
After the presentation of an
election petition, every
petitioner thereto shall
give such security for
costs. not exceeding in
amount the sum of eight
hundred fee units, as the
High Court may order. and
such security shall be given
within such time and in such
manner and form as the Chief
Justice may prescribe by
rules under this section or,
in the absence of such
rules, as the High Court may
order.
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(3)
Where, after the
presentation of an election
petition, no secucity for
costs is given as required
by or under this section, no
further proceedings shall be
had on that election
petition.
(As
amended by Act No.
13 of
1994)
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Rules
of practice and procedure
security for costs
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24.
(1)
A petitioner shall not
withdraw an election
petition with- out the leave
of the High Court.
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(2)
No application for leave to
withdraw an election
petition shall be made until
notice of intention to
withdraw such election
petition has been given in
such manner as the Chief
Justice may prescribe.
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(3)
Where an election petition
is presented by two or more
peti- tioners, an
application to withdraw such
election petition shall not
be made except with the
consent of all the
petitioners thereto.
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(4)
The High Court may. upon an
application for leave to
with- draw an election
petition. make such order as
to costs as it may think
just.
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Withdrawal
of election petitions
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25.
(I) Upon the hearing
of an application under
section twenty- four for
leave to withdraw an
election petition, any
person who might have been a
petitioner in respect of the
election to which that
election petition relates
may, not withstanding the
provisions of section twenty
apply to the High Court
to be substituted for the
petitioner so applying to
withdraw, and the High Court
may, if it grants leave to
such petitioner to withdraw,
order that such person
(hereinafter referred to as
"the substituted
petitioner") be
substituted for such
petitioner.
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(2)
Subject to the provisions of
this section, the
substituted petitioner
shall, as nearly as may be,
stand in the same position,
and be subject to the same
liabilities, under this Act
as the petitioner for whom
he is substituted
(hereinafter referred to as
"the original
petitioner").
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(3)
Where the High Court makes
an order under subsection
(I), it may direct that the
security for costs given by
the original petitioner
shall remain as security for
any costs caused thereafter
by the substituted
petitioner upon the trial of
the election petition, and
may direct that, to the
extent of the amount of such
security, the original
petitioner shall be liable
to pay the costs of the
substituted petitioner.
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(4)
Unless the High Court gives
directions as in subsection
(3), subsections
( I) and
(2) of section twenty-three
shall apply to the
substituted petitioner as
they apply in relation to a
petitioner presenting an
election petition.
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Substitution
of new petitioners
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