was unlawfully allocated in consequence of such difference, the Commission shall
direct the re-allocation of such seat in accordance with section 97 of the
Representation of the People Act and in keeping with the number of valid votes
cast as aforesaid, whereupon the membership of the Assembly shall be redetermined and re-declare in like manner as if the seat had been so re-allocated
under subsection (1).
30. (1)Where it is determined by the Court, being satisfied for the purpose beyond
reasonable doubt on an election petition, that any unlawful act or omission (not
remediable under section 28 or 29) affected the result of an election which would
otherwise have lawfully resulted(a) in different placing of the respective lists of candidates in the order of magnitude
of the allocations of seats to such lists under section 97 of the Representation
of the People Act, or in different placing of any of the lists in that order, from
their placing as aforesaid according to the result so affected; or
(b) in more than half the members of the National Assembly being persons whose
names appear on any list the seats allocated to which under section 97 of the
Representation of the People Act are occupied by not more than half the
members of the Assembly according to the result affected as aforesaid;
the Court may, in consequence of such determination, declare the election, or any
part thereof if the Court is satisfied that the remainder is conveniently severable and
was not affected by such unlawful act or omission, to have been ineffective and
may accordingly order a fresh election to be held in whole or part for the purpose
of rectifying the said result and give such incidental, ancillary or supplementary
directions as the Court deems meet for the purpose of such rectification, including
(without prejudice to the generality of the foregoing) the re-allocation of seats in
the National Assembly.
(2) Where the Court -