How election petitions work in Nigeria

Sekinat Osundiji When a candidate or political party disagrees with the outcome of an election in Nigeria, the law provides a process for challenging the result through an election petition. The process allows the parties to present evidence before a court or tribunal, which determines whether the election was conducted in accordance with the law. An election petition is a formal legal complaint challenging the conduct or outcome of an election.

It is different from publicly rejecting a result or alleging irregularities, as the petitioner must present specific grounds and evidence to support the case. Who can file an election petition? Under the Electoral Act 2022, a candidate who participated in an election or a political party that participated in it may present an election petition. The petition must identify the parties involved, state the election being challenged, provide the scores of the candidates and identify the declared winner.

It must also explain the grounds for the challenge and the remedy being sought. For example, a candidate who believes that votes were incorrectly counted or that electoral irregularities affected the outcome cannot simply ask the court to declare them the winner without providing evidence to support the claim. What are the grounds for an election petition?

Section 134 of the Electoral Act 2022 provides grounds on which an election may be challenged. These include allegations that: The person declared elected was not qualified to contest the election. The election was invalid because of corrupt practices or non-compliance with the Electoral Act. The declared winner did not receive the majority of lawful votes cast at the election.

The petitioner must establish the relevant grounds before the tribunal or court. The fact that a candidate lost an election or disagrees with the announced result does not, on its own, provide sufficient grounds to overturn it. Where are election petitions heard? The body responsible for hearing a petition depends on the type of election being challenged.

Governorship, National Assembly and State House of Assembly election petitions are initially heard by the appropriate election petition tribunals. Presidential election petitions are heard by the Court of Appeal in its original jurisdiction. Decisions in presidential election petitions may be appealed to the Supreme Court, while governorship petitions can proceed from the tribunal to the Court of Appeal and then the Supreme Court.

Appeals involving National and State Assembly elections generally end at the Court of Appeal. How does the hearing process work? After a petition is filed, the respondents, including the declared winner and other relevant parties, have the opportunity to respond to the allegations. The tribunal or court then manages the proceedings, including preliminary hearings and the presentation of evidence.

The parties may submit election documents, result sheets, witness statements and other relevant materials to support their respective positions. Witnesses may also be called to testify and answer questions about the issues in dispute. The tribunal examines the evidence and arguments presented before reaching a decision. Election petition hearings are conducted in open court or tribunal, allowing the proceedings to be observed by the public, subject to applicable legal rules.

How long does an election petition take? Election petitions are subject to strict legal deadlines. Under Section 285 of the Nigerian Constitution, an election petition must generally be filed within 21 days after the declaration of the election result. The relevant election tribunal must deliver its judgment in writing within 180 days from the date the petition was filed.

An appeal from a tribunal’s decision or from the Court of Appeal in an election matter must generally be heard and disposed of within 60 days of the judgment being delivered. The applicable route depends on the election involved. These deadlines mean that candidates and parties must act quickly if they intend to challenge an election result. What can the court decide?

After considering the evidence, the tribunal or court may uphold the declared result, determine that another candidate was validly elected, or nullify the election where the legal requirements for doing so have been established. A decision may also be challenged through an appeal where the law permits it. The final outcome depends on the findings of the competent court and the applicable legal provisions.

Filing a petition does not automatically cancel an election result or remove the declared winner from office. The petition must be determined through the judicial process. Election petitions therefore provide a legal avenue for resolving disputes over election results in Nigeria. By requiring candidates and political parties to present evidence before an impartial judicial body, the process allows allegations of electoral irregularities to be examined and determined under t