[114] As regards standard of proof, he submitted that presidential
elections, being sui generis in character, the standard of proof varies
between the balance of probability to beyond reasonable doubt depending
on the allegation of irregularity or non – compliance with the electoral laws
in issue. He cited the case of Simmons v. Khan35 in support of that
proposition.
[115] The Attorney General in addition urged that Section 83 of the
Elections Act captured the general standard in our jurisdiction. In his view,
and citing the 2013 Raila Odinga case, the threshold required to disturb
an election is one where evidence discloses profound irregularities in the
management of the electoral process, and non-compliance that affected the
validity of the election.
[116] Comparatively, the Attorney General cited the Supreme Court of
Ghana in Nana Addo Dankwa Akufo Addo & Others v. John
Dramani Mahma & 2 Others,36 where the position of that court was
that elections ought not to be held void by reasons of transgressions of the
law without any corrupt motive by the returning officer or his subordinate,
and where the court is satisfied that the election was, notwithstanding those
transgressions, a real election and in substance was conducted under the
existing election law. Also cited was Woodward v. Sarsons37 where the
court was of the opinion that an election is declared void by the common
law applicable, where the tribunal asked to void it is satisfied that there was
no real election at all or that the election was not really conducted under
35
Simmons
v Khan EWHC B4 (QB) 2008.
Addo Dankwa Akufo
Addo & 2 Others v. John Dramani Mahma & 2 Others, WRIT No. J
1/6/2013.
37
Woodward v Sarsons (1875) LR 10 CP 733; [1874-80] ALL ER Rep 262.
36
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