ELECTION PETITION

It is important we educate the electorate on election petition considering what happened in Anambra state where INEC declare the election inconclusive, more so when our election year is by the corner. Most Nigerians condemn outcomes of election petitions ignorantly, forgetting that there are laid down procedures governing election petition.

What is election petition?               

 

This is the procedure for challenging the result of election at all level of government. Election petition is a special proceeding guided by a particular electoral law under which the election was held in Amaechi V inec (2007) the court of appeal per Adekeye held that the procedure in an election petition is largely governed by law made specifically to regulate the proceeding.

This is not unknown in countries like New Zealand, Hong Kong, India, Nigeria, United Kingdom etc

Section 151 of the Electoral Act of 2010 provide that an election or re-run of candidate can only be challenged by a petition otherwise referred to as ‘Electoral Petition’ filed in an appropriate court or tribunal. What this section is saying in essence is that for an election to be contested then the action must be by a petition and such petition must be brought in a court that has jurisdiction.

Election petition is different from all other civil matters, the exclusive right to hear the petition is conferred on election tribunal as it was held in Doukpolahga V George(1992)ANWLR(PT236)444

Section 285(1) of the 1999 constitution FRN make provision for the establishment of election tribunal which shall to the exclusion of any other court have original jurisdiction to hear and determine petitions.

What are the grounds recognized for petition?

Sections 156 of the 2010 election petition provide that an election may be challenged on the following grounds.

(a)    That the person whose election is questioned was at the time of the election no qualified to contest election.

(b)   That the election was invalid by reason of corrupt practices or non compliance with the provision of the act

(c)    That the respondent was not duly elected by the majority of lawful votes cast at the election

(d)   That the petitioner was validly nominated by unlawfully excluded from the election.

Content of election petition

(a)    the names of the parties (petitioner and respondent)

(b)   rights of the parties to bring the petition

(c)    the scores of the candidates at the election and the names of the person who was returned as winner.

(d)   The ground of the petition and relief sought

(e)   Prayer

(f)     Signature and address of the petitioner.

Please note that election petition has time frame, procedures and rights to bring a petition ,to  petition the outcome of any election consult a lawyer.

Oyenike Alliyu-Adebiyi LLB )Bl