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Section 132 Nigerian Electoral Act 2022

Section 132 Nigerian Electoral Act

Section 132 Electoral Act 2022 is about Establishment of Area Council Election Appeal Tribunal. It is under Part VIII (Determination of Election Petitions Arising From Elections) of the Act.

(1) There is established for the Federal Capital Territory the Area Council Election Appeal Tribunal which shall to the exclusion of any other court or tribunal hear and determine appeals arising from the decision of the Area Council Election Petition Tribunal.

(2) The decision of the Area Council Election Appeal Tribunal in respect of Area Council elections shall be final.

(3) An Area Council Election Appeal Tribunal shall consist of a Chairman and two other members and the Chairman shall be a Judge of the High Court and the two other members shall be appointed from among Judges of the High Court of the Federal Capital Territory, Abuja, Kadis of the Sharia Court of
Appeal of the Federal Capital Territory, Abuja, Judges of the Customary Court of Appeal or other members of the Judiciary of the Federal Capital Territory, Abuja, not below the rank of a Chief Magistrate.

(4) The Chairman and other members of the Area Council Election Appeal Tribunal shall be appointed by the Chief Judge of the High Court of the Federal Capital Territory, Abuja.

(5) The Area Council Election Appeal Tribunal shall—
(a) be constituted not later than 14 days before the election ; and
(b) when constituted, open their registries for business not later than 30 days after the election.

(6) The quorum of the Area Council Election Appeal Tribunal when hearing any appeal from decisions of the Area Council Election Tribunal shall be all three members of the Appeal Tribunal.

See also  Section 29 Nigerian Child's Right Act 2003

(7) An election petition shall be filed within 21 days after the date of the declaration of result of the elections.

(8) The Tribunal shall deliver a judgment in writing within 180 days from the date of the filing of the petition.

(9) An appeal from a decision of an Area Council Election Tribunal shall be heard and disposed of within 60 days from the date of the delivery of judgment of the Tribunal.

(10) The Court in all appeals from Election Tribunal may adopt the practice of first giving its decision and reserving the reason to a later date.

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