Election petition

Sierra Leone — Supreme Court · 1962

Principle established: A parliamentary nomination is invalid where one of the candidate's nominators is not an elector registered within that electoral constituency.

Sierra Leone — Supreme Court · 1962

Principle established: A candidate's nomination for parliamentary election is invalidated if one of their nominators is not an elector of that constituency.

Sierra Leone — Supreme Court · 1984

Principle established: The Supreme Court will refuse an application for special leave to appeal where the applicant fails to demonstrate that it is a proper case for the court to exercise its discretion.

Sierra Leone — Supreme Court · 1962

Principle established: Electoral returning officers exceed their jurisdiction by inquiring into the validity of a nominator's consent, and a nominator has no legal power to withdraw an already submitted nomination.

Sierra Leone — Supreme Court · 1962

Principle established: Returning officers lack jurisdiction to investigate the circumstances of a nominator's consent or permit a nominator to withdraw a nomination once submitted.

Sierra Leone — Court of Appeal · 2019

Principle established: An election petition must be filed within the strict statutory time limits, and jurisdictional objections regarding the timing of the filing should be determined before proceeding to other applications.

Sierra Leone — Court of Appeal · 2019

Principle established: The court addressed preliminary objections regarding whether an appeal from a decision striking out an election petition was interlocutory or final and the necessity of obtaining leave to appeal.

Sierra Leone — Court of Appeal · 2019

Principle established: Non-compliance with strict procedural rules for filing and presenting election petitions may result in the petition being struck out by the court.

Sierra Leone — Court of Appeal · 2012

Principle established: The absence of a seal on an election petition may be considered a fatal irregularity that cannot be cured under the rules of court.

Sierra Leone — Court of Appeal · 2012

Principle established: A notice of appeal must comply with the rules of court regarding the identification of affected persons, or it may be subject to a motion to set aside.

Sierra Leone — Supreme Court · 1962

Principle established: Rule 19 of the Election Petition Rules requiring an affidavit of service immediately after notice of presentation is mandatory, meaning filing must be done with reasonable promptness.

Sierra Leone — Court of Appeal · 1962

Principle established: The requirement under rule 19 to file an affidavit of service immediately after service of an election petition is mandatory, and non-compliance requires striking out the petition.

Sierra Leone — Supreme Court · 1962

Principle established: The requirement to file an affidavit of service immediately after service in an election petition is mandatory, meaning with reasonable promptness, failure of which invalidates the proceedings.

Sierra Leone — Court of Appeal · 1962

Principle established: Rule 19 of the Election Petition Rules is mandatory, requiring an affidavit of service to be filed immediately after service; non-compliance warrants striking out rather than dismissing the petition.

Sierra Leone — Supreme Court · 1962

Principle established: The statutory rules prescribing the service of election petitions and the timely filing of an affidavit of service are mandatory and cannot be waived.

Sierra Leone — Supreme Court · 2013

Principle established: A petition challenging the election of a President is brought before the Supreme Court pursuant to the Constitution and the Public Elections Act.

Sierra Leone — Supreme Court · 2020

Principle established: Failure to properly serve notice of presentation of an election petition is not a mere formal objection, and service on an employee at a respondent's business is not valid personal service.

Malawi · 2025

Principle established: A candidate may challenge the results of a parliamentary election by filing a petition under the relevant electoral laws to address alleged irregularities in the conduct of the election.

Sierra Leone — African Law Reports · 1972-73

Principle established: Statutory requirements for delivering an election petition directly to an Electoral Commissioner are mandatory, and delivery to a mere employee deprives the court of jurisdiction, an irregularity which consent cannot waive.

Sierra Leone — Supreme Court · 2013

Principle established: The Supreme Court has jurisdiction to hear petitions challenging the declaration of presidential election results under the Constitution and the Public Elections Act.

Sierra Leone — Supreme Court · 2018

Principle established: The Supreme Court handles interlocutory applications within election petitions challenging the election of a President, involving the Chief Electoral Commissioner and political parties as respondents.

Sierra Leone — Supreme Court · 2018

Principle established: The Supreme Court has jurisdiction over interlocutory applications in presidential election petitions to ensure the proper joinder of parties and the fair determination of the petition.