Adebayo Adenipekun, SAN, FCIArb.
Head of Chambers, Afe Babalola & Co.
Emmanuel Chambers, Ibadan, Nigeria.
Abstract
Although Election Petitions are sui generis in nature, in practice, it involves trial where the tribunals are saddled with the sole responsibility of determining issues which often times, are criminal allegations, non-compliance with the provisions of the law in respect of elections or a combination of both civil and criminal allegations. This makes documentary evidence, and proof by documentary evidence a focal issue in election petitions proceedings. Advancing documentary evidence which disposes the burden of proof on the parties before the court is, therefore, an integral part of any petition. It is also important for the petitioner to distinguish between an allegation of non-conduct of election, allegation of non-voting, allegation of non-compliance for the purpose of determining the burden of proof, and how to establish proof through documentary evidence. The paper, therefore, examines the importance of documentary evidence and the weight a tribunal or court may attach to it in proof of allegation of corrupt practices and non-compliance with the Electoral Act. It concludes that there is a lacuna in the current Electoral Act as the Act does not define the categories of allegations that will fall under corrupt practices, which need to be proved beyond reasonable doubts. The paper posits that with time, the question will have to be made clearer by pronouncements from the Nigerian courts.