UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgment): Section 65 (1) of the Electoral Act, 2022 provides as follows:
"The decision of the returning officer shall be final on any question arising from or relating to -
(a) unmarked ballot paper;
(b) rejected ballot paper; and
(c) declaration of scores of candidates and the return of a candidate:
Provided that the Commission shall have the power within seven days to review the declaration and return where the Commission determines that the said declaration and return was not made voluntarily or was made contrary to the provisions of the law, regulations and guideline and manual for the election."
The Appellant, one of the registered political parties in Nigeria was uncomfortable with the Proviso to the aforesaid Section 65 (1) of the Electoral Act, 2022.
Its position is that the stipulation in the said Proviso is inconsistent with the roles, duties and functions of the Respondent and a usurpation of the powers of the judiciary. …