Section 131
Establishment of Area Council Election Tribunal(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.
This Section seeks to provide avenue for seeking redress for complaints emanating from elections into the office of Chairman or Councillor of any of the Area Council of the FCT.
The Section provides for the Establishment of the Area Council Election Tribunal, its composition, quorum and the scope of its powers or jurisdiction.
Unlike the 2010 Electoral Act (s.135), the 2022 Electoral Act (s. 131) specifically makes additional provisions on the delivery of Judgment which must be within 90 days from the date of filing of the Petition. (In an apparent contradiction, section 132 (8) of the Act says it should be 180 days)
Note that timelines for filing petitions at this tribunal are contained in section 132 (6) of the Act.
