nor the Court of Appeal is entitled to trespass on the exclusive jurisdiction of the High Court in this regard. The Chairperson was also right to note that GECOM lacks the legislative authority and the machinery to adjudicate those irregularities. (b) [42] Interpreting Article 177 Article 177 of the Constitution addresses the deemed election46 of the President. The President is deemed to have been elected because, in the electoral system, an elector’s single ballot is really cast in favour of a list of candidates vying for seats in the National Assembly. There is no separate election of a President, as there was when the members of the National Assembly elected the President under the Constitution that pre-dated the 1980 Constitution. Article 177(2)(b) simply states that where there are multiple Presidential candidates, a person is ‘deemed to be elected as President’ when ‘more votes are cast in favour of the list in which [that person] is designated as Presidential candidate than in favour of any other list’. It is this provision, and in particular the italicised words, that the Court of Appeal majority, influenced by the terms of Order 60, ordered to mean ‘more valid votes are cast’. The Court of Appeal majority erred in doing so for the following reasons. [43] Article 177(4) only affords jurisdiction to the Court of Appeal if the question raised as to the validity of an election of a President depends upon the qualification of any person for election or the interpretation of the Constitution. At [12] to [14] above we set out Ms David’s complaints and the issues she placed before the Court of Appeal. It is evident that the question(s) she placed before the Court of Appeal did not depend on the qualification of any person for election or on the interpretation of the Constitution. Ms David’s complaint was really about the impact of Order 60 and the conduct of GECOM, not about the interpretation of the Constitution. This led the majority on the Court of Appeal to embark upon an exercise of interpreting Order 60 and a consideration of the effect of that Order on the responsibilities of GECOM. In neither instance was there any need or justification for an interpretation of Article 177(2)(b) or any other Article of the Constitution. Article 177(2)(b) has 46 See Constitution (n 1), art 177(2)(a).

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