Paragraph 28
Effect of determination of election petition(1) At the conclusion of the hearing, the Tribunal shall determine whether a person whose election or return is complained of or any other person, and what person, was validly returned or elected, or whether the election was void, and shall certify the determination to the Resident Electoral Commissioner or the Commission.
(2) If the Tribunal or Court has determined that the election is invalid, then, subject to section 134 of this Act, where there is an appeal and the appeal fails, a new election shall be held by the Commission.
(3) Where a new election is to be held under the provisions of this paragraph, the Commission shall appoint a date for the election which shall not be later than three months from the date of the determination.
i. This paragraph requires the Tribunal or Court to give a definite decision on the validity or otherwise of the declaration made by the INEC on an election and forward a Certified True Copy of such decision to the Commission.
ii. It adds that if the court finds that the election is invalid, then subject to Section 134 of the Act, a new election shall be held by the commission not later than three months from the date of the decision.
iii. Note: The reference to section 134 seems to be a drafting error, as this section deals with Grounds for Petition. In the 2010 Act, the reference was made to section 140 which is in pari materia (i.e., same subject or matter) with section 136 of the 2022 Act dealing with Nullification of Election by a Tribunal or Court.
iv.
In relation to the provision on nullification, the Tribunal is entitled to certify who was
validly returned or elected. When the Tribunal finds that the election is void, the Tribunal
cannot make an order declaring any person as returned or elected as a result of the
election. A
void election cannot confer rights or benefits.
Read Ukachukwu V. Uba (2004) 10 NWLR (Pt.881)
