LSP037: Election Petition Filling

The trajectory of most Nigerian elections doesn’t end when the result is announced. More often than not, parties always have reason(s) to reject the election results. This has made the election Tribunals and Courts the aftermath of most elections. Hence, an electoral petition is the process that is meant to challenge the validity of an election.

An election petition may be presented by one or more of the following persons -(a) a candidate in an election;(b) a political party that participated in the election. See Section 137 (1) (a) & (b) of the Electoral Act and NYESOM v. PETERSIDE & ORS(2016) LPELR-SC.1002/2015.

Furthermore, election cases are different from civil and criminal cases and the procedural rules applicable to civil and criminal proceedings are not strictly applicable in election petitions. This is the reason election petition proceeding is referred to as sui generis because it has its own rules and procedures. In Egharevba V Eribo (2010) 9 NWLR (Pt. 1199)411, the Supreme Court held that “An election legislation creates a special jurisdiction and the ordinary rules of procedure in civil cases do not always serve to effectuate its purpose.”

By virtue of Section 285(5) of the Constitution of the Federal Republic of Nigeria and Section 134(1) of the Electoral Act, 2010, an election petition shall be filed within twenty-one (21) days after the date of the declaration of results of the elections. Section 134(2) of the Act also states that an electoral petition must deliver its judgment in writing within One Hundred and Eighty Days (180) days from the date of the filling of the petition. The rationale for this swift determination is to allow the elected leaders remain focused on ensuring good governance and not perturbed with litigation.

It is pertinent to note that the date the result is declared is excluded from the computation of time. See Section 15(2) Interpretation Act. In Michael Peter & Anor v Enemi Alabo & Ors(2019) LPELR-CA/PH/EPT/560/2019, there was an election to represent the Asari-Toru Constituency 2 at the Rivers State of Assembly. The result was declared on the 9th day of March 2019.

The petitioner filed his petition on 3rd May, 2019. The Court held that the case was statute-barred because it was filed outside the 21 days prescribed by the Constitution and the Electoral Act.

If a petition is not brought within the time frame, such an action will not be extended, it will be deemed statute-barred and the petitioner shall lose his right of relief. In MARWA & ORS V NYAKO & ORS (2012) LPELR – 7873 (SC) the apex Court, per ONNOGHEN, JSC held thus: – “It is settled law that the time fixed by the Constitution for doing anything cannot be extended. It is immutable, fixed like the rock of Gibraltar. It cannot be extended, elongated, expanded or stretched beyond what it states.”