UNIT 14

ELECTION PETITION

An election petition is a formal legal challenge to the outcome of an election, brought before an election tribunal or court. This process allows parties to contest the validity of election results on various grounds, including irregularities, fraud, or non-compliance with electoral laws. The procedure for filing and adjudicating election petitions is governed by specific statutes and regulations in Nigeria which are the elecotoral act 2022 and the constitution of Nigeria 1999 as amended.

1. Electoral act 2022: The electoral act 2022 is the primary statute governing the conduct of elections and the procedure for election petitions in Nigeria. The act consolidates the legal framework for elections and sets out the process for filing and adjudicating petitions.
   
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   1. Section 133: This section provides for the right of a person who is aggrieved by the outcome of an election to file a petition. It outlines the grounds on which a petition can be based, including improper conduct of the election, non-compliance with the electoral act, and the commission of electoral offenses.
   2. Section 134: This section stipulates the procedure for filing an election petition, including the time frame within which a petition must be filed and the requirements for the petition.
   3. Section 135: This section deals with the powers of the election tribunal to hear and determine petitions, including the authority to make orders and issue directions.
2. Constitution of Nigeria 1999 (as amended): The Constitution provides the overarching framework for the electoral process and the adjudication of election disputes. See section 285 which establishes the national and state election tribunals and outlines their jurisdiction. It also specifies the types of election disputes the tribunals can hear, including disputes arising from the election of the president, vice president, governors, and members of the national and state assemblies.

PROCEDURE FOR FILING AN ELECTION PETITION

Petitions must be filed within 21 days from the date of the declaration of the results of the election as provided under section 134(1) of the electoral act 2022. The petition must be in writing, signed by the petitioner or their legal representative, and must include a clear statement of the facts and grounds on which the petition is based. See section 134(2) of the electoral act 2022.
Upon receipt, the tribunal will review the petition to ensure it meets the necessary requirements. This includes verifying that the petition is filed within the stipulated time and contains all required information as provided under section 134(3) of the electoral act 2022 and respondents may raise preliminary objections challenging the validity of the petition. These objections must be addressed before proceeding to the substantive hearing. See section 135(1) of the electoral act 2022. Grounds for filing an election petition includes the following:

1. Allegations of electoral malpractice or fraud.
2. Claims that the election was not conducted in compliance with the electoral act or other relevant laws.
3. Disputes over the qualification of candidates.
4. Issues related to the eligibility of voters and the proper conduct of the voting process.

HEARING AND ADJUDICATION

1. Tribunal hearings: Election tribunals are composed of a chairman and other members appointed by the president of the court of appeal as provided under section 285(2) of the constitution of Nigeria 1999. The tribunal has the authority to summon witnesses, examine evidence, and make findings on the petition. It can annul the election results, order a fresh election, or declare a winner if the irregularities are found to be substantial. See section 135(2) of the electoral act 2022.
2. Evidence and witnesses: Petitioners must present evidence to support their claims, including documentary evidence, witness testimony, and expert reports. The tribunal allows for cross-examination of witnesses to test the credibility of the evidence presented. See section 135(3) of the electoral act 2022.

APPEALS

Decisions of the election tribunals can be appealed to the court of appeal as provided under section 285(7) of the constitution of Nigeria 1999. Appeals must be filed within 14 days from the date of the tribunal’s decision and further appeals can be made to the supreme court which has the final say on election disputes. See section 233(1) of the constitution of Nigeria 1999 and the case of Ikpeazu v. Obiano (2016) where the supreme court upheld the decision of the tribunal, emphasizing the importance of adhering to electoral laws and the integrity of the electoral process and also the case of Amaechi v. INEC (2008) where the supreme court ruled on issues of electoral malpractice and the impact of non-compliance on the validity of election results.

CONCLUSION

Election petitions are a crucial mechanism for ensuring the integrity of the electoral process in Nigeria. The procedure for filing and adjudicating these petitions is governed by the electoral act 2022 and the constitution of Nigeria 1999. Understanding the grounds for petitions, the filing process, and the powers of the election tribunals is essential for effectively challenging election results and addressing electoral disputes.