nurture a mirage, an illusion of “free will”, hence a still-born democracy. Of
such an enterprise, this Court must be wary.
[373] It is also against this background that we consider the impact of the
irregularities that characterized the presidential election. At the outset, we
must re-emphasize the fact that not every irregularity, not every infraction
of the law is enough to nullify an election. Were it to be so, there would
hardly be any election in this Country, if not the world, that would
withstand judicial scrutiny. The correct approach therefore, is for a court of
law, to not only determine whether, the election was characterized by
irregularities, but whether, those irregularities were of such a nature, or
such a magnitude, as to have either affected the result of the election, or to
have so negatively impacted the integrity of the election, that no reasonable
tribunal would uphold it.
[374] In view of the interpretation of Section 83 of the Elections Act that
we have rendered, this inquiry about the effect of electoral irregularities
and other malpractices, becomes only necessary where an election court
has concluded that the non-compliance with the law relating to that
election, did not offend the principles laid down in the Constitution or in
that law. But even where a Court has concluded that the election was not
conducted in accordance with the principles laid down in the Constitution
and the applicable electoral laws, it is good judicial practice for the Court to
still inquire into the potential effect of any irregularities that may have been
noted upon an election. This helps to put the agencies charged with the
responsibility of conducting elections on notice.
Presidential
Petition
No.
1
of
2017
162
|
P a g e
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