The Conduct of Election Petition: Courts and Tribunals Vested with Jurisdiction to Hear Election Matters in Nigeria

Contributor: Angela Anekwe

INTRODUCTION

Periodically, Nigerians go to the polls to cast their votes in a plurality voting system to either elect or re-elect leaders.^[1] Election is the process of choosing by popular votes, a candidate for political office in a democratic system of government.^[2] The word election as used in Section 137 (1) (b) of the 1999 Constitution means the exercise of adult suffrage, which involves voters, materials for voting and supervision and counting of votes by electoral personnel.^[3] Election” is not restricted to the activities at the polling station on the day of an election. The process in an election starts from the voting by political party members to choose candidates to represent the political party at the ward level and the primaries up to the polling day when these political party candidates are presented by the political party to the electorate.^[4]

Disputes usually arise after the conduct of the election, and some candidates in the race lose out. The next available option opened to aggrieved candidates and their respective political parties is recourse to the election petition tribunals and, in the case of the Presidential candidate, the Court of Appeal. The Aggrieved petitioners seek redress through the election petition mechanism.

Due to the special nature of election petitions, the Constitution made special provisions for its commencement, conduct, and conclusion within very precise timelines. This article will examine the concept of the Election petition in Nigeria. The courts and Tribunals vested with Jurisdiction to hear and determine Election matters in Nigeria. The article will also explore the legal frameworks on the regulation of Election Petitions in Nigeria, and examine the challenges facing the conduct of elections in Nigeria. The article will further explore the grounds upon which the petitioner relies for the petition as well as proffer recommendations.

CONCEPT OF ELECTION PETITION IN NIGERIA

An election petition is an originating process by which an unsuccessful candidate in an election and/or his political party seeks to question the return of a successful candidate at an election.^[5] This is the only medium known to law as a medium of challenging or questioning a concluded election.^[6] Litigating election disputes is contentious, complex, and excessively technical. The technicality of electoral dispute litigation is fueled by the strict requirements of the Electoral Act, coupled with judicial attitudes over the years.^[7]

Election petition as a procedure is sui generis, that is, it is a special procedure before a special court governed by a law made specially to regulate its proceedings.^[8] Unlike other cases, election petitions are special cases in a class of their own. Due to their special nature, the procedures, courts, and timelines for filing documents are unique. Some technical defects or irregularities considered immaterial in other proceedings could be fatal to proceedings in election petitions. The proceedings on an election petition are special proceedings for which special provisions are made in the constitution^[9]

The Constitution stipulates that the hearing and determination of an election petition shall not exceed 180 (one hundred and eighty) days from the date of filing of the petition to the resolution of the issues in the petition.^[10] The time within which the petition must be brought by the petitioner is 21 days after the declaration of results.^[11] Failure for same to be commenced within the stipulated timeline will result in the matter being declared statute-barred.^[12]

COURTS AND TRIBUNALS VESTED WITH JURISDICTION TO HEAR AND DETERMINE ELECTION MATTERS IN NIGERIA.

In Nigeria, election matters are heard and determined by various courts and tribunals, each with specific jurisdiction. Courts and tribunals vested with jurisdiction to hear and determine election matters in Nigeria are:

Court of Appeal: The Court of Appeal is granted the exclusive jurisdiction to the exclusion of all other courts and tribunals to hear and entertain the presidential election petition.^[13]The court is properly constituted with 3 (three) justices in hearing and determining an election petition.^[14] An entity aggrieved by the ruling of the Court of Appeal in its capacity as the presidential election petition tribunal may proceed to the Supreme Court on appeal.^[15]

National Assembly and House of Assembly Election Tribunal:^[16] These Tribunals to the exclusion of all other courts and tribunals are saddled with the original jurisdiction to hear and determine petitions as to whether a person has been validly elected as a member of the National Assembly or State House of Assembly. It is duly composed of a Chairman and two members while the quorum number is the Chairman and one member. Appeals go as of right from the decisions of the National Assembly and State House of Assembly Election Tribunal to the Court of Appeal.^[17]

Governorship Election Tribunal:^[18] It has exclusive original jurisdiction to hear gubernatorial election petitions and is composed of a Chairman and two members while the quorum is Chairman and one member. Appeals from their decisions go to the Court of Appeal as of right.^[19] Further appeals go to the Supreme Court.^[20]

Area Council Election Tribunal: This tribunal is established by section 135(1) Electoral Act and has exclusive original jurisdiction to hear Area Council election petitions in the Federal Capital Territory (FCT). It is duly composed of a Chairman and two members. The Chairman and members must be persons who are Chief Magistrate and Magistrates respectively. Appeals from their decisions go to the Area Council Election Appeal Tribunal.

Local Government Election Tribunal: The laws of the various States create them to entertain disputes arising from Local Government Council elections. In AG Abia v AGF^[21] the Supreme Court held that the States have power to legislate on Local Government Councils

Area Council Election Appeal Tribunal: It is established by section 136(1) of the Electoral Act and is vested with exclusive jurisdiction to hear appeals from Area Council Election Tribunal. Its decisions are final. It is composed of a Chairman and two other members. The Chairman must not be below a High Court judge while the other two members must be appointed from among Judges of the High Court or Kadis of the Sharia Court of Appeal or Judges of the Customary Court of Appeal of the Federal Capital Territory or member of the FCT Judiciary not below a Chief Magistrate.

LEGAL FRAMEWORKS ON REGULATION OF ELECTION PETITION IN NIGERIA

The legal frameworks regulating election petitions in Nigeria are primarily guided by the following laws and regulations:

The 1999 Constitution of the Federal Republic of Nigeria (as amended): This constitution provides the foundation for Nigeria’s electoral process and outlines the powers and responsibilities of the various electoral bodies.

The Electoral Act 2022: This act provides detailed guidelines for the conduct of elections, including the process for filing and hearing election petitions. It also outlines the grounds for challenging an election, such as non-qualification, corrupt practices, and non-compliance with the Electoral Act.

INEC Regulation and Guidelines for the Conduct of Election 2022: These guidelines provide additional rules and regulations for the conduct of elections, including the use of technology and the management of election materials.

These legal frameworks provide a comprehensive guide for the regulation of election petitions in Nigeria, ensuring that the electoral process is fair, transparent, and accountable.

CHALLENGES FACING THE CONDUCT OF ELECTION IN NIGERIA.

Electoral Violence: Electoral violence has been a long-standing issue in Nigeria’s democratic journey, with political parties and candidates often resorting to violent tactics to gain power. This has resulted in loss of life, destruction of property, and a general erosion of trust in the electoral process. To curb electoral violence, there is a need for robust enforcement of electoral laws, deployment of adequate security measures during elections, and the provision of civic education and awareness campaigns to promote peaceful participation in the political process.

Corruption: Corruption within Nigeria’s political system has had a significant impact on its democratic journey, impeding the country’s progress and economic development. It contributes to a lack of transparency and accountability, undermines the rule of law, and hampers public trust. To combat corruption, there is a need for an effective anti-corruption framework and the enforcement of strict codes of conduct for elected officials. Furthermore, punitive measures such as asset seizure and forfeiture can serve as a deterrent against corrupt practices.

Ethnic and Communal Crisis: Ethnic and communal crisis pose a significant challenge to democratic stability in Nigeria. The country’s diverse population has been riven by deep-seated prejudices that lead to violent conflicts, social and economic exclusion, and political marginalization. To address these challenges, there is a need for the development of a functional framework for conflict prevention and resolution, such as a comprehensive peace-building policy.

GROUNDS UPON WHICH THE PETITIONER RELIES FOR THE PETITION

The grounds upon which the petitioner relies for the election petition, pursuant to Section 134 (1) (a) – (c) of the Electoral Act are:

1. That the person whose election is contested was at the time of the election not qualified to contest the election. We shall briefly discuss this ground with all its attendant implications.
2. That the election was invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act. This ground will bear the weight of our subsequent discussion in this article.
3. That the Respondent was not duly elected by a majority of the votes cast.

CONCLUSION

In conclusion, the conduct of election petitions in Nigeria is a specialized process, with specific courts and tribunals vested with jurisdiction to hear election matters. The Electoral Act 2022 and the 1999 Constitution of the Federal Republic of Nigeria (as amended) provide the legal framework for election petitions. It’s essential to note that election petitions must be filed within a specific timeframe, and the grounds for challenging an election are limited to issues such as non-qualification, corrupt practices, and non-compliance with the Electoral Act.

RECOMMENDATIONS.

Nigeria has come a long way in its democratic journey, but it still has a long road ahead to achieve stable and thriving democratic practices. To overcome the challenges facing this article therefore recommends as follows:

Strengthening Institutions: To overcome these democratic challenges, Nigeria needs to strengthen its institutions, such as the judiciary, the electoral commission, and the anti-corruption agencies. Strong institutions will ensure the rule of law, protect the rights of citizens, promote transparency and accountability, and ensure free and fair elections.

Encouraging Political Dialogue: Dialogue is essential to promote peaceful conflict resolution and reduce tensions between regions and ethnic groups. Encouraging political dialogue among various stakeholders, including political parties, regional and ethnic groups, can help promote transparency and accountability, strengthen democratic practices, and ensure peace and stability in Nigeria.

Promoting Inclusive Governance: Inclusive governance is vital for promoting democratic stability in Nigeria. Ensuring the inclusion of marginalized groups, such as young people, women, and people living with disabilities, promotes equity and social justice. By promoting inclusion, Nigeria will develop a more vibrant and diverse democratic culture that caters to the needs of all citizens.

REFERENCE

1. CLP LEGAL, ‘Analyzing The Election Petition Procedure In Nigeria: Is The System Rigged Against The Petitioner? Part 1’ (2024) https://clplegal.com.ng/analyzing-the-election-petition-procedure-in-nigeria-is-the-system-rigged-against-the-petitioner-part-1/ accessed 19^th February, 2025. ↑
2. Ojukwu v Obasanjo (2024) LPELR-2400 (SC) ↑
3. ANPP & Anor V. Osiyi & Ors (2008)LPELR-3781 (CA) Per Niki Tobi JSC (PP 53- 53 PARA D-E) ↑
4. Buhari v. Obasanjo (2005)2NWLR (Pt. 910)p. 241 ↑
5. Uche Chris, ‘Electoral Litigation in the Sustenance of Constitutional Democracy’ (2014) p. 11, being a paper delivered at the Nigerian Law School, Headquarters, Bwari. ↑
6. Electoral Act 2022, section 133(1) ↑
7. Samson Itodo, ‘Inside the courts and challenging election outcomes’ (2023) https://www.linkedin.com/pulse/inside-courts-challenging-election-outcomes-samson-itodo-samson-itodo accessed 19th February, 2025 ↑
8. Ugba v Suswan (2012) 4 NWLR (pt 1345) 427. ↑
9. Oyekan & Anor v. Akinjide & Anor (1965) LPELR-25250 (SC) ↑
10. The Constitution of the Federal Republic of Nigeria 1999(as amended), section 285 (6) ↑
11. CFRN 1999 (as amended), s.285(5) ↑
12. Maigari v. Malle (2019) 16 NWLR (Pt. 1697) 69 ↑
13. CFRN, 1999 (as amended), Section 239 (1) (a) ↑
14. Ibid, s. 239 (2) ↑
15. Ibid, s. 233 (2) (e) (i) ↑
16. Ibid, s. 285 (1) ↑
17. Ibid, s. 246 (1)(b) ↑
18. Ibid, s. 285(2) ↑
19. Ibid, s. 246(1)(c)(1) ↑
20. Ibid, s. 285(5) ↑
21. (2002) 6 NWLR (pt 763) 764. ↑