The petitioner and the second respondent
contested in a national election for president
and the second respondent was returned as the
validly elected. The petitioner being
dissatisfied filed this election petition on the
grounds that the 1st Respondent did not validly
declare the results in accordance with the
Constitution, and the Presidential Elections
Act; that the election was conducted in
contravention of the provisions of the
Constitution, Electoral Commission Act and
the Presidential Elections Act; and that the
provisions of Section 59(6) (a) of the
Presidential Elections Act are contrary to the
provisions of Article 104(1) of the
Constitution. The court considered Whether
there was non-compliance with the provisions
of the Constitution, Presidential Elections Act
and Electoral Commission Act, in the Conduct
of the 2006 Presidential Election and whether
the said Election was not conducted in
accordance with principles laid down in the
Constitution, Presidential Elections Act and the
Electoral Commission Act.