Election Judgments - IFES

Election Judgments - IFES

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30 shown of 32 entities

The Right to Participate in the Government of One's Country in the Context of an Election Held During a Public Health Emergency or a Pandemic, Such as the COVID-19 Crisis, No. 001/2020, Advisory Opinion, African Court on Human and Peoples' Rights [Afr. Ct. H.P.R.] (July 16, 2021).

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d’Ivoire, Egypt, Ghana, Guinea, Guinea Bissau, Kenya, Liberia, Malawi, Mali, Niger, Nigeria, Seychelles, Tanzania, Togo and Uganda at the national level.” 62. Citing several
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Legal Issue and/or Topic
  • COVID-19 (Postponement and Accessibility)
Language
  • English
Date added
Jul 26, 2021
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Budding Democracy or Judicialisation: Lessons from Africa’s Emerging Electoral Jurisprudence

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& M Simati ‘The Role of the Courts in Mitigating Election Violence in Nigeria’ (2019) 38 Cadernos de Estudos Africanos [Online]. <https://journals.openedition.org/cea/ pdf/4407>
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Legal Issue and/or Topic
  • Election Annulments
  • Election Dispute Resolution
Language
  • English
Date added
Jun 4, 2021
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Election Investigations Guidebook

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Prosecution of Electoral Offenders in Nigeria: Challenges and Possibilities 2 (2013), http://library.‌fes.de/pdf-files/bueros/nigeria/10405.pdf; Nigeria: Pass Bill to Prosecute Electoral
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Dec 28, 2020
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ACHPR Tanganyika Law Society v. Tanzania

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130/94, 152/96 (Consolidated Communications) Media Rights Agenda and others v Nigeria Fourteenth Activity Report (2000-2001) and Communication No 255/2002 Gareth Anver Prince
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Date added
Sep 9, 2020
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Ngandu v. Congo

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Social and Economic Rights Action Center et Center for Economic and Social Rights c. Nigéria Communication 155/96 (2001) AHRLR 60 (ACHPR 2001) et Union Interafricaine des Droits
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • French
Date added
Sep 9, 2020
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Jupica vs Nec

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of the spread of the virus into other West African Countries—Sierra Leone and Nigeria. By August, 2014, what started in one county in Liberia had reached all fifteen
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Question Presented
Whether the postponement of the Liberian elections to a date when the Ebola threat was still ongoing was unconstitutional?
Legal Issue(s)
  • Electoral Administration Irregularities
  • EMB Independence
  • Health Concerns & Election Administration
Country
Liberia
Language of Decision
  • English
Date of decision
Jan 13, 2016
Date added
Aug 26, 2020
Judgment
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An Integrated Approach to Election and Conflict

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led field projects in Bangladesh, East Timor, Guyana, Kyrgyzstan, Maldives, Nepal, Nigeria, and Senegal. She is the author of “Merging Conflict Management with Electoral
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 22, 2020
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The Resolution of Election Disputes: Legal Principles That Control Election Challenges

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lawyers, judges, political parties, civil society media and election officials in Nigeria, and authored the publication, The Resolution of Election Disputes: Legal Principles
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 22, 2020
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When Are Elections Good Enough? Validating or Annulling Election Results

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conduct by the winning candidate must be proven to the highest standard. Nigeria applies the reasonable doubt standard even in civil actions if the civil
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Legal Issue and/or Topic
  • Election Annulments
Language
  • English
Date added
Jul 22, 2020
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International Standards for the Independence of the Judiciary

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Commission in Human and Peoples’ Rights, decision of May 2001, Communication 218/98 (Nigeria), para 44. 77 Special Rapporteur’s Mission to Peru, 1998, E/CN.4/1998/39/Add.1, 19
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Legal Issue and/or Topic
  • Judicial Independence
Language
  • English
Date added
Jul 17, 2020
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors, and Lawyers

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be released”.114 In the case of Huri-Laws against Nigeria, the Commission therefore concluded that Nigeria had violated both articles 7(1)(d) and 26 by
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
  • Portuguese
Date added
Jul 17, 2020
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Re Culleton

Country
Nigeria
Legal Issue(s)
  • Candidate Registration
Country
Nigeria
Language of Decision
  • English
Date of decision
Jan 31, 2017
Date added
Jun 9, 2020
Judgment
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Mutharika v. Chilima

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v Mnangagwa and Twenty Four Others CCZ 42/18; of the Supreme Court of Nigeria in 10 Abubakar v Yar’adua [2009] ALL F WLR (PT. 457) ISC; of the
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Question Presented
Whether the standard that candidate must receive a majority of the votes means the highest percentage of votes or over 50%?
Legal Issue(s)
  • Voting Systems (Winner-take-all, proportional, etc.)
Country
Malawi
Language of Decision
  • English
Date of decision
May 8, 2020
Date added
Jun 8, 2020
Judgment
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Abubakar v. Independent Electoral Commission

Country
Nigeria
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Question Presented
Whether the President was not duly elected to his position based upon alleged corruption in the vote counting.
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
  • Electoral Integrity
Country
Nigeria
Language of Decision
  • English
Date of decision
Nov 5, 2019
Date added
Jun 3, 2020
Judgment
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Yusuf v. INEC

Country
Nigeria
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Question Presented
Whether the respondent was not duly elected in the election and the re-run of the election.
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
Country
Nigeria
Language of Decision
  • English
Date of decision
Jan 20, 2020
Date added
Jun 2, 2020
Judgment
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People's Democratic Party v. Degi Eremienyo

Country
Nigeria
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Legal Issue(s)
  • Candidate Registration
  • Civil Procedure
Country
Nigeria
Language of Decision
  • English
Date of decision
Feb 13, 2020
Date added
Jun 2, 2020
Judgment
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Uzodinma v. Ihedioha

Country
Nigeria
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Question Presented
Whether the votes administered on incorrect ballots were improperly considered void. Whether the Governor failed to ascertain a majority vote based upon those results.
Legal Issue(s)
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
Country
Nigeria
Language of Decision
  • English
Date of decision
Jan 14, 2020
Date added
Jun 2, 2020
Judgment
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Chilima v. Mutharika (lower court decision)

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omissions on their part. The Attorney General cited authorities from Canada, Nigeria, Ghana and Uganda where the courts relented and sympathised with Electoral
Question Presented
Whether the Electoral Commission breach its duty under section 76, 77, and 40 of the Constitution of Malawi. These duties include ensuring the absence of electoral irregularities, illegalities, and failed provide proper oversight and verification.
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • EMB Operation
Country
Malawi
Language of Decision
  • English
Date of decision
Feb 3, 2020
Date added
May 22, 2020
Judgment
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Tanganyika Law Society v. Tanzania

Document contents
Communications No 105/93, 128/ 94, 130/94, 152/96) Media Rights Agenda and others v Nigeria Fourteenth Activity Report (2000-2001) and Communication No 255/ 2002 Gareth Anver
Question Presented
Whether the Tanzania regulation prohibiting independent candidates from seeking public office is unconstitutional?
Legal Issue(s)
  • Candidate Registration
  • Judicial Independence
Country
Tanzania. United Republic of
Language of Decision
  • English
Date of decision
Jun 14, 2019
Date added
Aug 1, 2019
Judgment
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Unfair Advantage: The Abuse of State Resources in Elections

Document contents
on Gifts EU EOM, Final Report: Federal Republic of Nigeria 20-21 (2015) [hereinafter EU EOM Nigeria Final Report]. A bonus was later given to public employees
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Legal Issue and/or Topic
  • Abuse of State Resources (ASR)
Language
  • English
Date added
Jul 22, 2019
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International Covenant on Civil and Political Rights

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POUR LE NIGER : 3a Harep: POH EL NIGER: FOR NIGERIA: POUR LA NIGERIA : 3a POR NIGERIA : FOR NORWAY: POUR LA NORVÈGE: 3a HopBernio: POR NORUEGA:
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Legal Issue and/or Topic
  • International Treaty
Language
  • English
Date added
Jul 10, 2019
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Bangladesh 16th amendment ruling

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Leone, South Africa, Sri Lanka, Tuvalu and the United Kingdom. In Nigeria certain and Rwanda, positions parliamentary removal, Judges are but who
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Question Presented
Does the 16th amendment, which allows the legislature to remove Supreme Court justices on grounds of incapacity or misconduct, violate the Constitution?
Legal Issue(s)
  • EMB Independence
  • Judicial Independence
Country
Bangladesh
Language of Decision
  • English
Date of decision
Jul 3, 2017
Date added
Jul 8, 2019
Judgment
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GUARDE: Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections

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adjudication of complaints in Nigeria, the successes should be highlighted. The improvement of the complaints adjudication process in Nigeria has had a clear positive
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 2, 2019
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GUARDE: Directrices para la comprension y resolucion de conflictos electorales

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 adjudicación  de  quejas  en  Nigeria,  se  deberían  resaltar   los  logros.    La  mejora  del  proceso  de  adjudicación  de  quejas  en  Nigeria  tiene  un  impacto  positivo
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • Spanish
Date added
Jul 2, 2019
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Scrutiny in Electoral Disputes: A Kenyan Judicial Perspective

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be overemphasized.32 As is the case in many other jurisdictions such as Australia,33 Nigeria,34 Pakistan,35 South Africa,36 and Tanzania,37 upon completion of the registration of voters
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 2, 2019
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The Hierarchy of Laws: Understanding and Implementing the Legal Frameworks that Govern Elections

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codes of conduct for different groups of electoral stakeholders (e.g., Pakistan and Nigeria). Regardless of the model chosen, it is a best practice that the conduct
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Legal Issue and/or Topic
  • Electoral Fraud
Language
  • English
Date added
Jul 2, 2019
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Election Audits: International Principles that Protect Election Integrity

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edu/humanrts/instree/z1afchar.htm [hereinafter African Charter]; Constitutional Rights Project v. Nigeria, African Comm’n on Human and Peoples' Rights, Comm. No. 60/91 (1995) available
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Legal Issue and/or Topic
  • Audits
Language
  • English
Date added
Jul 2, 2019
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Measuring Effective Remedies for Fraud and Administrative Malpractice

Document contents
final addresses.” CONSTITUTION OF NIGERIA (1999), § 294(1). 58 GUIDELINES FOR UNDERSTANDING, supra note 7. 59 OSCE, FEDERAL REPUBLIC OF NIGERIA, GENERAL ELECTIONS 28 MARCH
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Legal Issue and/or Topic
  • Electoral Fraud
Language
  • English
Date added
Jul 2, 2019
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When Are Elections Good Enough? Validating or Annulling Election Results

Document contents
conduct by the winning candidate must be proven to the highest standard. Nigeria applies the reasonable doubt standard even in civil actions if the civil
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Legal Issue and/or Topic
  • Election Annulments
Language
  • English
Date added
Jul 2, 2019
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Electoral Justice: The International IDEA Handbook

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EDR systems entrusted to judicial bodies, as in Colombia. Conversely, in Nigeria a gubernatorial candidate in Anambra State, Peter Obi, who had successfully
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 2, 2019
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