What remedies are available in the first instance?
Nigeria
- Annulment of results / Cancellation of elections
- Re-run the election
- Correction of the results
AN ACT TO REPEALTHE ELECTORAL ACT 2006 AND RE-ENACT THE INDEPENDENT NATIONAL ELECTORALCOMMISSION, REGULATE THE CONDUCT OF FEDERAL, STATE AND AREA COUNCIL ELECTIONSAND FOR RELATED MATTERS, 2010
140. -(1) Subjectto subsection (2) of this section, if the Tribunal or the Court as the case maybe, determines that a candidate who was returned as elected was not validlyelected on any ground, the Tribunal or the Court shall nullify the election.
(2) Where anelection tribunal or court nullifies an election on the ground that the personwho obtained the highest votes at the election was not qualified to contest theelection, the election tribunal or court shall not declare the person with thesecond highest votes as elected, but shall order a fresh election.
(3) If theTribunal or the Court determines that a candidate who was returned as electedwas not validly elected on the ground that he did not score the majority ofvalid votes cast at the election, the Election Tribunal or the Court, as thecase may be, shall declare as elected the candidate who scored the highestnumber of valid votes cast at the election and satisfied the requirements ofthe Constitution and this Act.
(4) Subject to theprovision of subparagraph (2) of paragraph 53 of the First Schedule to thisAct, on the motion of a respondent in an election petition, the ElectionTribunal or the Court, as the case may be, may strike out an election petitionon the ground that it is not in accordance with the provisions of this
FIRST SCHEDULE
Rules of Procedurefor Election Petitions
Effect ofdetermination of election petition
(1) At theconclusion of the hearing, the Tribunal shall determine whether a person whoseelection or return is complained of or any other person, and what person, wasvalidly returned or elected, or whether the election was void, and shallcertify the determination to the Resident Electoral Commissioner or the Commission.
(2) If thetribunal or court has determined that the election is invalid, then, subject tosection 138 of this Act, where there is an appeal and the appeal fails,a new election shall be held by the Commission.
(3) Where a newelection is to be held under the provisions of this paragraph, the Commissionshall appoint a date for the election which shall not be later than 3 monthsfrom the date of the determination.
