Election Petition

What is an Election Petition?

An election petition is a complaint by a petitioner against an undue election or undue return of a candidate at the election – S130(1) Electoral Act 2022; ANPP v INEC (2004) 7 NWLR (Pt 871) 16 @ 55.

An originating process by which an unsuccessful candidate or political party seeks to question the return of a successful candidate.

Types of Elections

Type	Definition
Re-run Election	Repeat election following nullification of a previously conducted election
Run-off Election	Repeat between same candidates due to a tie
By-Election	To fill a vacancy - resignation, death, etc.
General Election	Held in the Federation at large at regular intervals after the expiration of full terms

Applicable Laws

1. CFRN 1999 (as Amended);
2. Electoral Act 2022 - governs all elections including FCT Area Council, except LG elections in States;
3. FHC (CP) Rules 2019 - applies only when no provision in the 1st Schedule to E.A – Paras 54 & 55 1st Schd EA 2022;
4. Election Tribunal and Court Practice Direction 2011 - S152 + Paras 54 & 55 1st Schd;
5. Each State has its own Electoral Law for LG elections;
6. Rules and Regulations under S152 + Paras 54 & 55 1st Schd EA 2022.

Courts with Jurisdiction

1. Court of Appeal – S239(1) CFRN

Exclusive original jurisdiction over:

1. Whether any person has been validly elected as President or Vice-President;
2. Whether the term of office has ceased;
3. Whether the office has become vacant.

See Atiku v AGF. Composition: 3 Justices of CA. Appeals lie to the Supreme Court as of right – S233(2)(e) CFRN.