Section 130
Proceedings to question an election(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.
Cap. C23 LFN, 2004.(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.
This Section seeks to regulate the manner and venue in which an aggrieved party can challenge the conduct or results of an election.
The Section provides that the only means of challenging the conduct or results of an election is by way of filing an election petition and that the venue for filing such Petition is a competent Tribunal or Court of Law established for such purpose.
The section went further to define Tribunal or Court to mean in case of Presidential election, the Court of Appeal and any other election, the Election Tribunal.
Note that the 2022 Electoral Act has increased the number of days prescribed for constituting an Election Tribunal from 14 days under the 2010 Electoral Act to (S. 133) to not later than 30 days before the date of the Election.
DICKSON V. SYLVA (2017) 10 NWLR (PT. 1573) 299 at 332.
An election conducted under the Act can only be questioned by an election petition and the complaints permissible therein are complaints of undue election or that of undue return.
APIA V. INEC (2014) 7 NWLR (PT. 1407) 431
It is only the Election Petition Tribunal that is vested with jurisdiction to determine issues relating to the conduct of the election and the return of candidates in election, and also has the power to nullify election.
See also KUBOR V. DICKSON (2013) 4 NWLR (PT: 1345) 534.
FALAKE V. INEC (2016) SC 61, 133, A-B, E-F, 133-134, H-A
