First instance body dealing with electoral disputes
Nigeria
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
PART VIII -DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS
133.
(1) No electionand return at an election under this Bill shall be questioned in any mannerother than by a petition complaining of an undue election or undue return (inthis Bill referred to as an 'election petition') presented to the competenttribunal or court in accordance with the provisions of the Constitution or ofthis Bill, 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 Presidentialor Governorship election, the court of
Appeal; and
(b) in the case ofany other elections under this Bill, the election tribunal established underthe Constitution or by this Bill.
(3) The electiontribunals shall—
(a) be constitutednot later than 14 days before the election; and
(b) whenconstituted, open their registries for business 7 days before the election.
138.
(1) An electionmay be questioned on any of the following grounds, that is to say:
(a) that a personwhose election is questioned was, at the time of the election, not qualified tocontest the election;
(b) that theelection was invalid by reason of corrupt practices or noncompliance with theprovisions of this Act;
(c) that therespondent was not duly elected by majority of lawful votes cast at theelection; or
(d) that thepetitioner or its candidate was validly nominated but was unlawfully excludedfrom the election.
(2) An act oromission which may be contrary to an instruction or directive of the Commissionor of an officer appointed for the purpose of the election but which is notcontrary to the provisions of this Act shall not of itself be a ground forquestioning the election.
