PART VIII—DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS
130.—(1) No election and return at an election under this Act shall be questioned in any manner other than by a petition complaining of an undue election or undue return (in this Act referred to as an “election petition”) presented to the competent tribunal or court in accordance with the provisions of the Constitution or of this Act, and in which the person elected or returned is joined as a party.
(2) In this Part “tribunal or court” means—
(a) in the case of Presidential election, the Court of Appeal ; and
(b) in the case of any other elections under this Act, the election tribunal established under the Constitution or by this Act.
(3) The election tribunals shall—
(a) be constituted not later than 30 days before the election ; and
(b) when constituted, open their registries for business seven days before the election.
131.—(1) There is established for the Federal Capital Territory one or more Election Tribunal (in this Act referred to as “the Area Council Election Tribunal”) which shall, to the exclusion of any other court or tribunal, have original jurisdiction to hear and determine any question as to whether—
(a) any person has been validly elected to the office of Chairman, Vice- Chairman or Councilor ;
(b) the term of office of any person elected to the office of Chairman, Vice-Chairman or Councilor ;
(c) the seat of a member of an Area Council has become vacant ;
(d) a question or petition brought before the Area Council Election Tribunal has been properly or improperly brought.
(2) An Area Council Election Tribunal shall consist of a Chairman and two other members.
(3) The Chairman shall be a Chief Magistrate and the two other members shall be appointed from among Magistrates of the judiciary of the Federal Capital Territory, Abuja and legal practitioners of at least 10 years post-call experience, non-legal practitioners of unquestionable integrity or other members of the judiciary of the Federal Capital Territory not below the rank of a Magistrate.
(4) The Chairman and other members of the Area Council Election Tribunal shall be appointed by the Chief Judge of the High Court of the Federal Capital Territory, Abuja.
(5) The Area Council Election Tribunal shall—
(a) be constituted not later than 21 days before the election ; and
(b) when constituted, open their registries for business not later than eight days after the election.
(6) An Area Council Election Tribunal shall deliver its judgment in writing within 90 days from the date of filing of the petition.
132.—(1) There is established for the Federal Capital Territory the Area Council Election Appeal Tribunal which shall to the exclusion of any other court or tribunal hear and determine appeals arising from the decision of the Area Council Election Petition Tribunal.
(2) The decision of the Area Council Election Appeal Tribunal in respect of Area Council elections shall be final.
(3) An Area Council Election Appeal Tribunal shall consist of a Chairman and two other members and the Chairman shall be a Judge of the High Court and the two other members shall be appointed from among Judges of the High Court of the Federal Capital Territory, Abuja, Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, Judges of the Customary Court of Appeal or other members of the Judiciary of the Federal Capital Territory, Abuja, not below the rank of a Chief Magistrate.
(4) The Chairman and other members of the Area Council Election Appeal Tribunal shall be appointed by the Chief Judge of the High Court of the Federal Capital Territory, Abuja.
(5) The Area Council Election Appeal Tribunal shall—
(a) be constituted not later than 14 days before the election ; and
(b) when constituted, open their registries for business not later than 30 days after the election.
(6) The quorum of the Area Council Election Appeal Tribunal when hearing any appeal from decisions of the Area Council Election Tribunal shall be all three members of the Appeal Tribunal.
(7) An election petition shall be filed within 21 days after the date of the declaration of result of the elections.
(8) The Tribunal shall deliver a judgment in writing within 180 days from the date of the filing of the petition.
(9) An appeal from a decision of an Area Council Election Tribunal shall be heard and disposed of within 60 days from the date of the delivery of judgment of the Tribunal.
(10) The Court in all appeals from Election Tribunal may adopt the practice of first giving its decision and reserving the reason to a later date.
133.—(1) An election petition may be presented by one or more of the following persons—
(a) a candidate in an election ; or
(b) a political party which participated in the election.
(2) A person whose election is complained of is, in this Act, referred to as the respondent.
(3) If the petitioner complains of the conduct of an electoral officer, a presiding or returning officer, it shall not be necessary to join such officers or persons notwithstanding the nature of the complaint and the Commission shall, in this instance, be—
(a) made a respondent ; and
(b) deemed to be defending the petition for itself and on behalf of its officers or such other persons.
134.—(1) An election may be questioned on any of the following grounds—
(a) a person whose election is questioned was, at the time of the election, not qualified to contest the election ;
(b) the election was invalid by reason of corrupt practices or non- compliance with the provisions of this Act ; or
(c) the respondent was not duly elected by majority of lawful votes cast at the election.
(2) An act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election.
(3) With respect to subsection (1) (a), a person is deemed to be qualified for an elective office and his election shall not be questioned on grounds of qualification if, with respect to the particular election in question, he meets the applicable requirements of sections 65, 106, 131 or 177 of the Constitution and he is not, as may be applicable, in breach of sections 66, 107, 137 or 182 of the Constitution.
135.—(1) An election shall not be liable to be invalidated by reason of non-compliance with the provisions of this Act if it appears to the Election Tribunal or Court that the election was conducted substantially in accordance with the principles of this Act and that the non-compliance did not affect substantially the result of the election.
(2) An election shall not be liable to be questioned by reason of a defect in the title or want of title of the person conducting the election or acting in the office provided such a person has the right or authority of the Commission to conduct the election.
(3) No election shall be questioned or cancelled by reason that there is a mistake, conflict or inconsistency in the date contained in the result of such election signed by a returning officer or any other officer of the Commission.
136.—(1) Subject to subsections (2) and (3), if the Tribunal or the Court as the case may be, determines that a candidate who was returned as elected was not validly elected on any ground, the Tribunal or Court shall nullify the election and order the Commission to conduct a fresh election not later than 90 days after the—
(a) decision if an appeal is not filed against the decision ; or
(b) nullification of the election by the court having final appellate jurisdiction in respect of the said election.
(2) Where an election tribunal or court nullifies an election on the ground that the person who obtained the highest votes at the election was not qualified to contest the election, the election tribunal or court shall declare the person with the second highest number of valid votes cast at the election who satisfies the requirements of the Constitution and this Act as duly elected :
Provided that the person with the second highest number of valid votes cast at the election remains a member of the political party on which platform he contested the election otherwise, the candidate with the next highest number of votes in the election and who satisfies the same conditions shall be declared the winner of the election.
(3) If the tribunal or the court determines that a candidate who was returned as elected was not validly elected on the ground that he did not score the majority of valid votes cast at the election, the election tribunal or the Court, as the case may be, shall declare as elected the candidate who scored the highest number of valid votes cast at the election and satisfied the requirements of the Constitution and this Act.
(4) All objections filed in an election petition shall be determined at the time of final judgment.
137. It shall not be necessary for a party who alleges non-compliance with the provisions of this Act for the conduct of elections to call oral evidence if originals or certified true copies manifestly disclose the non-compliance alleged.
138.—(1) Where the election is nullified by the Court and notice of appeal against the decision is given within the stipulated period for appeal, the elected candidate shall, notwithstanding the contrary decision of the Court, remain in office and enjoy all the benefits that accrued to the office pending the determination of the appeal and shall not be sanctioned for the benefits derived while in office.
(2) If the Election Tribunal or the Court, as the case maybe, determines that a candidate returned as elected was not validly elected, the candidate returned as elected shall, notwithstanding the contrary decision of the Election Tribunal or the Court, remain in office pending the expiration of the period of 21 days within which an appeal may be brought.
139.—(1) Where the Commission has been joined as a respondent in an election petition, a legal officer of the Commission or a legal practitioner engaged by the Commission shall represent the Commission at the Tribunal or Court.
(2) A private legal practitioner or legal officer engaged by the Commission under subsection (1) shall be entitled to be paid such professional fees or honorarium, as the case may be, to be determined by the Commission.
140.—(1) The rules of procedure to be adopted for election petitions and appeals arising therefrom shall be as set out in the First Schedule to this Act.
(2) The President of the Court of Appeal may issue practice directions to the—
(a) Court of Appeal, in respect of pre-election and post-election appeals ; and
(b) Election Tribunal, in respect of post-election matters.
