Section 136-140 Nigerian Electoral Act 2022

Section 136, 137, 138, 139, 140 of the Nigerian Electoral Act 2022, among others, are under Part VIII of the Act. Part VIII is titled DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS.

Section 136 Nigeria Electoral Act 2022

Nullification of election by Tribunal or Court

(1) Subject to subsections (2) and (3), if the Tribunal or the Court as the case may be, determines that a candidate who was returned as elected was not validly elected on any ground, the Tribunal or Court shall nullify the election and order the Commission to conduct a fresh election not later than 90 days after the —
(a) decision if an appeal is not filed against the decision; or
(b) nullification of the election by the court having final appellate jurisdiction in respect of the said election.

(2) Where an election tribunal or court nullifies an election on the ground that the person who obtained the highest votes at the election was not qualified to contest the election, the election tribunal or court shall declare the person with the second highest number of valid votes cast at the election who satisfies the requirements of
the Constitution and this Act as duly elected:

Provided that the person with the second highest number of valid votes cast at the election remains a member of the political party on which platform he contested the election otherwise, the candidate with the next highest number of votes in the election and who satisfies the same conditions shall be declared the winner of the
election.

(3) If the tribunal or the court determines that a candidate who was returned as elected was not validly elected on the ground that he did not score the majority of valid votes cast at the election, the election tribunal or the Court, as the case may be, shall declare as elected the candidate who scored the highest number of valid votes cast at the election and satisfied the requirements of the Constitution and this Act.

(4) All objections filed in an election petition shall be determined at the time of final
judgment.

Section 137 Nigeria Electoral Act 2022

Effect of non-compliance

It shall not be necessary for a party who alleges non-compliance with the provisions of this Act for the conduct of elections to call oral evidence if originals or certified true copies manifestly disclose the non-compliance alleged.

Section 138 Nigeria Electoral Act 2022

Person elected to remain in office pending determination of appeal

(1) Where the election is nullified by the Court and notice of appeal against the decision is given within the stipulated period for appeal, the elected candidate shall, notwithstanding the contrary decision of the Court, remain in office and enjoy all the benefits that accrued to the office pending the determination of the appeal and shall not be sanctioned for the benefits derived while in office.

(2) If the Election Tribunal or the Court, as the case maybe, determines that a candidate returned as elected was not validly elected, the candidate returned as elected shall, notwithstanding the contrary decision of the Election Tribunal or the Court, remain in office pending the expiration of the period of 21 days within which an appeal may be brought.

Section 139 Nigeria Electoral Act 2022

Legal representation of Commission

(1) Where the Commission has been joined as a respondent in an election petition, a legal officer of the Commission or a legal practitioner engaged by the Commission shall represent the Commission at the Tribunal or Court.

(2) A private legal practitioner or legal officer engaged by the Commission under subsection (1) shall be entitled to be paid such professional fees or honorarium, as the case may be, to be determined by the Commission.

Section 140 Nigeria Electoral Act 2022

Rules of procedure for election petition

(1) The rules of procedure to be adopted for election petitions and appeals arising
therefrom shall be as set out in the First Schedule to this Act.

(2) The President of the Court of Appeal may issue practice directions to the —
(a) Court of Appeal, in respect of pre-election and post-election appeals; and
(b) Election Tribunal, in respect of post-election matters.

See also:

Section 130-135 Nigeria Electoral Act 2022