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Conditions for an Election to be Challenged in Tribunal/Court

Any election in any part of Nigeria can be challenged in the appropriate tribunal/court

Conditions for an Election to be Challenged in Tribunal/Court. Daily Law Tips (Tip 298)

By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Any election in any part of Nigeria can be challenged in the appropriate tribunal/court.

Click to download the ELECTORAL ACT, 2022.

The Grounds/Conditions To Challenge An Election in Nigeria are;

1. The elected person was not qualified to contest in the election.
2. The election was invalid due to corrupt practices or non-compliance with the Electoral Act.
3. The elected person was not duly elected by a majority of lawful votes cast at the election.

Click to download the ELECTORAL ACT, 2022

NOTE: Under the Electoral Act 2022, there are only three (3) conditions for an election to be challenged in an Election Tribunal.  Previously, in the  Electoral Act 2010, there were four (4) conditions for an election to be challenged in an Election Tribunal. The condition dropped in the Electoral Act 2022 is that “A validly nominated candidate was unlawfully excluded from the election.” One is not sure why this ground was removed since it is still possible to find a validly nominated candidate that may be unlawfully excluded from an election. Since no system is perfect, including the Nigeria Independent Electoral Commission (INEC), the fourth ground (which protects candidates that may be unlawfully excluded from elections) should not have been removed (like Zebu will say, “in case of incasity”).

References: 

Section 134 of the Electoral Act 2022 (formerly sections 138 and 158 of the Electoral Act, 2010). Also, the decision of the Supreme Court in BUHARI V. OBASANJO (2003) 17 NWLR (Pt.850) 510 and the decision of the Court of Appeal in the case of OKAFOR OKOREAFFIA & ANOR. v. HON. AGWU U. AGWU & ANOR. (2010) LPELR-4708(CA)

Click to download the ELECTORAL ACT, 2022

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Conditions for an Election to be Challenged in Tribunal/Court. 

Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.

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