OPINION BY SAMSON ITODO: Inside the courts and challenging election outcomes | TheCable NigeriaDecides2023
grievances of litigants. As expected, political attention is shifting to the courts as aggrieved candidates and political parties that contested in Nigeria’s 2023 general elections are approaching the courts to challenge the outcome of the polls and seeking legal remedies. The polling unit was the arena of electoral competition a few weeks ago, but the courts have displaced the polling units as the new arena for electoral contests.
As a matter of law, election petition tribunals are constituted not later than 30 days before an election holds. The tribunal is required to open registries for business seven days before the election. These tribunals and courts can only resolve an election dispute if the law gives them authority. Without the legal power, any proceeding conducted by these tribunals or courts will be an exercise in futility.
Corrupt practices and non-compliance: A petitioner must establish that the election was invalid by reason of corrupt practices or non-compliance with provisions of the 2022 Electoral Act. Corrupt practices include electoral offences like election fraud, bribery, and falsification of election results. Non-compliance refers to outright violations of the 2022 Electoral Act and INEC Guidelines, which confers an undue advantage to a candidate or party.
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