4.

0 LEGAL ARGUMENT
Issues 1 and 2:

For the purpose of convenience, issues 1 and 2 are to be argued together.

4.1 The provision of Electoral Act 2010 (as amended) dealing with the powers of the
returning officer/presiding officer in respect of ballot papers and elections results are as
follows;
shallvote for more than one candidate or

"Section 53(1) Novoter

record morethanonevotein favour of any candidate af any one

election.

(2) Where thevotescast at an election in any polling unif exceed the election
for that poling unit shall be declared vo esu o to be fixed bytheCommission
where the result at that polling Unit may affect the overall result in the
Consistency.
(3) there shall be no return for the election until of this section,another poll
has taken place in the affected area.
 (4)section the Commission may, if satisfied that the result of the election will
not substantially be affected by voting in the area where the election is
cancelled, direct that a return of the election be made."

Section 63(1) The Presiding Officer shall after counting the votes at the polling unit,
enter the votes scored by each candidate in a form to be prescribed by the
Commission as the case may be.

(2) The form shall be signed and stamped by the Presiding Officer and counter
signed by the candidates or their polling agents where available at the polling
unit.

(3)The Presiding Officer shall give to the Polling Agents and the Police Officer
where available a copy of each of the completed forms after it has been duly
signed as provided in subsection (2)of this section.
(4)The Presiding Officer shall count and announce the result at the polling
unit."
e ne e tne result and deliver same and election materials
under security to such persons as may be prescribed by the
Commission."

Section 68(1) The decision of the Returning Officer on any question arising from or
relating to-

(a) Unmarked ballot paper

(b) Reject ballot paper; and
(c) Declaration of scores of candidates and the return of a candidate shall
be final subject to review by a Tribunal or Court in an election petition proceeding
under this Act."

4.2In interpreting the above provisions, the judicial authorities are unanimous to the effect
that the powers conferred on a returning officer or any officer of the 3rd Respondent by the
above provisions does not include the power to cancel results of an election when such
election has been concluded and figures entered in the appropriate forms. See ONUOHA
VS. AKPULONU & ORS. (2008) LPELR - 4788(CA)SUIT NO. CA/PH/EPT/218/08, DELIVERED ON
WEDNESDAY THE 10TH DAY OF DECEMBER, 2008. ABDULLAHI ILLIYASU VS ALHAJI SULE
LAWAN SHUWAKI & ORS. (2009) LPELR - 4305 (CA). MARK VS. ABUBAKAR (2009)All FWLR
(PT. 451) 855. ENEMUO VS. DURU (2004) 9 NWLR (PT. 877) AT 105. BALONWU VS. IKPEAZU
(2005) 13 NWLR (PT. 942) 479 AT 529.

4.3 In Onuoha Vs. Akpulonu & Ors. (supra), the Court of Appeal, Port Harcourt Judicial Division,
Per Garba JCA,held as follows;

"It may be asked whether the Respondents had the power to cancel the
result entered,in the said forms EC8As by the provisions of section 64(1)
and (4) of the Electoral Act 2006, at the close of voting at a polling unit,
the presiding officer who were in charge were required to count the
votes cast, announce and enter the results at the polling units. The only
situation in which the 3rd Respondent was empowered to declare null
and void an election after the process in Section 64(1) and (4) is provided
in Section 54(2) of the Electoral Act 2006. The section makes the
following provisions: 54(2) Where the votes cast at an election in any
Constituency or polling station exceeds the number of registered voters
in that constituency or polling