JUDGMENT OF THE COURT
A. INTRODUCTION
[1] This appeal arises from the judgment of the Court of Appeal upholding the determination of the High Court that the declaration by the 2nd and 3rd respondents of the appellant as the duly elected Member of National Assembly for Magarini Constituency in the general elections of 9th August 2022 was invalid as the election was not conducted in accordance with the Constitution and the law. The appeal presents three main questions for our determination; whether this Court is clothed with jurisdiction to entertain the appeal; whether the Court of Appeal, in affirming the decision of the High Court misinterpreted section 83 of the Elections Act; and whether the Court of Appeal misapplied the standard and burden of proof.
[2] In the course of the Court’s consideration of these questions, it will be inevitable to examine, to the extent relevant to this appeal, certain operative principles of electoral law. In that regard, it is a constitutional right of …