Election petitions

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 · 1963

Principle established: An amendment to an election petition introducing a new and distinct ground of non-compliance regarding publication in the Gazette constitutes a new and substantial matter.

Sierra Leone — Supreme Court · 1963

Principle established: An amendment to an election petition raising the issue of Gazette publication introduces a new and substantial matter and will be denied.

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 — Court of Appeal · 2017

Principle established: An interlocutory injunction may be granted to restrain a political party's national conference or executive meetings pending the determination of an appeal concerning internal party elections.

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 — African Law Reports · 1957-60

Principle established: A presiding election officer with a duty to maintain order at a polling station may use necessary force without committing assault to remove a person who refuses to behave.

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 — Supreme Court · 2018

Principle established: The court addressed a notice of discontinuance filed by a plaintiff in a constitutional matter concerning the eligibility of a candidate based on citizenship.

Sierra Leone — Supreme Court · 2018

Principle established: The court addressed a notice of discontinuance filed by a plaintiff in a constitutional matter concerning the eligibility of a candidate based on citizenship.

Sierra Leone — Supreme Court · 2018

Principle established: The court addressed a notice of discontinuance filed by a plaintiff in a constitutional matter concerning the eligibility of a candidate based on citizenship.

Malawi · 2024

Principle established: Courts possess inherent jurisdiction to protect their procedures against abuse and may reject claims that fail to supply necessary facts or legal basis for the alleged violation of rights.

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 · 2024

Principle established: Challenges to paramount chieftaincy elections may be brought on grounds of non-compliance with statutory provisions regarding the qualification or disqualification of candidates.

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 · 2023

Principle established: The Supreme Court has original jurisdiction to interpret constitutional provisions regarding the electoral system and the authority of the Electoral Commission to conduct elections under specific systems.

Sierra Leone — Supreme Court · 2023

Principle established: The Electoral Commission's power to conduct elections includes the authority to implement constitutional amendments regarding the mode of election, subject to judicial review for constitutionality.

Sierra Leone — Supreme Court · 2018

Principle established: The Supreme Court exercises supervisory jurisdiction over the High Court in matters involving judicial review of rulings and interim orders made during election petition proceedings.

Sierra Leone — African Law Reports · 1950-56

Principle established: Statutory requirements for providing security for costs at the presentation of an election petition are mandatory and absolute, rendering non-compliant petitions invalid.

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.

Malawi · 2026

Principle established: In election petitions, once official electoral documents are produced, the evidential burden shifts to the Electoral Commission to account for them or challenge their authenticity.

Sierra Leone — African Law Reports · 1957-60

Principle established: A person attempts to vote and commits personation under election regulations immediately upon giving a false name to an election official at a polling station.

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 — Court of Appeal · 1962

Principle established: Substantial compliance with statutory election petition rules satisfies procedural requirements where the primary objective of notification is achieved.

Sierra Leone — Court of Appeal · 1962

Principle established: Substantial compliance with procedural rules governing election petitions is sufficient when the core statutory purpose of informing the respondent is fulfilled.

Sierra Leone — Court of Appeal · 1962

Principle established: An election court errs when it bases its determination of widespread corrupt practices on an incident it has explicitly exonerated.

Sierra Leone — Court of Appeal · 1962

Principle established: A court invalidating an election based on corrupt practices must not factor in legally exonerated conduct when assessing the extent of such practices.

Sierra Leone — Supreme Court · 1962

Principle established: Service of an election petition notice upon an employee at a respondent's place of business does not constitute valid personal service under election rules.

Sierra Leone — Supreme Court · 1962

Principle established: A failure to comply with mandatory rules regarding the personal service of election petitions is not a mere formal defect curable under general provisions.

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.

Sierra Leone — Supreme Court · 1961

Principle established: A declaratory judgment may properly be granted to declare that an aspiring candidate is not disqualified from contesting an election under electoral legislation.

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.