Conditions for an Election to be Challenged in Tribunal/Court. Daily Law Tips (Tip 298)
By Onyekachi Umah, Esq., LLM. ACIArb(UK).
Any election in any part of Nigeria can be challenged in the appropriate tribunal/court.
Click to download the ELECTORAL ACT, 2022.
The Grounds/Conditions To Challenge An Election in Nigeria are;
1. The elected person was not qualified to contest in the election.
2. The election was invalid due to corrupt practices or non-compliance with the Electoral Act.
3. The elected person was not duly elected by a majority of lawful votes cast at the election.
Click to download the ELECTORAL ACT, 2022
NOTE: Under the Electoral Act 2022, there are only three (3) conditions for an election to be challenged in an Election Tribunal. Previously, in the Electoral Act 2010, there were four (4) conditions for an election to be challenged in an Election Tribunal. The condition dropped in the Electoral Act 2022 is that “A validly nominated candidate was unlawfully excluded from the election.” One is not sure why this ground was removed since it is still possible to find a validly nominated candidate that may be unlawfully excluded from an election. Since no system is perfect, including the Nigeria Independent Electoral Commission (INEC), the fourth ground (which protects candidates that may be unlawfully excluded from elections) should not have been removed (like Zebu will say, “in case of incasity”).
References:
Section 134 of the Electoral Act 2022 (formerly sections 138 and 158 of the Electoral Act, 2010). Also, the decision of the Supreme Court in BUHARI V. OBASANJO (2003) 17 NWLR (Pt.850) 510 and the decision of the Court of Appeal in the case of OKAFOR OKOREAFFIA & ANOR. v. HON. AGWU U. AGWU & ANOR. (2010) LPELR-4708(CA)
Click to download the ELECTORAL ACT, 2022
#SabiElectionLaws
# DailyLawTips
#SabiLaw
#LearnNigerianLaws
Conditions for an Election to be Challenged in Tribunal/Court.
Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.
****************************************************************************************
This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.
DISCLAIMER:
This publication is not a piece of legal advice. The opinion expressed in this publication is that of the author(s) and not necessarily the opinion of our organisation, staff and partners.
PROJECTS:
🛒 Take short courses, get samples/precedents and learn your rights at www.SabiLaw.org
🎯 Publish your legal articles for FREE by sending to: eve@sabilaw.org
🎁 Receive our free Daily Law Tips & other publications via our website and social media accounts or join our free whatsapp group: Daily Law Tips Group 6
KEEP IN TOUCH:
Get updates on all the free legal awareness projects of Sabi Law (#SabiLaw) and its partners, via:
YouTube: SabiLaw
Twitter: @Sabi_Law
Facebook page: SabiLaw
Instagram: @SabiLaw.org_
WhatsApp Group: Free Daily Law Tips Group 6
Telegram Group: Free Daily Law Tips Group
Facebook group: SabiLaw
Email: lisa@sabilaw.org
Website: www.SabiLaw.org
ABOUT US & OUR PARTNERS:
This publication is the initiative of the Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria. It is the first of its kind and has been promoting free legal awareness since 2010.
DONATION & SPONSORSHIP:
As a registered not-for-profit and non-governmental organisation, Sabi Law Foundation relies on donations and sponsorships to promote free legal awareness across Nigeria and the world. With a vast followership across the globe, your donations will assist us to increase legal awareness, improve access to justice, reduce common legal disputes and crimes in Nigeria. Make your donations to us here or contact us for sponsorship and partnership, via: lisa@SabiLaw.org or +234 903 913 1200.
**********************************************************************************
