Section 136 Nigerian Electoral Act

Section 136 Electoral Act 2022 is about Nullification of election by Tribunal or Court. It is under Part VIII (Determination of Election Petitions Arising From Elections) of the Act.

(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.