AN APPRAISAL OF ELECTION PETITION IN NIGERI WRITTEN BY ORIOYE RONUWO OWOLEBI,Esq February 14, 2023.

INTRODUCTION
Nigeria is preparing for general elections on the 25th of February and the 11th of March 2023.
This particular election is poised to be one of the most keenly contested elections in the history of Nigeria due to the fact that for the first time in ages, we are having a reawakening of political consciousness mostly among the Nigerian youth.
Since the country’s return to democracy, Nigeria’s presidency has been keenly contested between two political parties, the People Democratic Party (PDP) now in opposition, and the ruling All Progressives Congress(APC).
However, the trade Union-backed Labour Party is campaigning with Peter Obi, a former two –term governor of Anambra state ,this has no doubt spice up the political scene in Nigeria like an unending action-packed movie with so much suspence. Everyone is definitely anticipating for the climax at the end of the election.
The 2023 Nigerian general elections are scheduled for February and march respectively and as usual it is expected to be marred by controversies which are bound to arise with regard to the electoral process and the outcomes of the elections.
In this article, we will talk about what election petition is all about,; laws that regulate election petition in Nigeria, jurisdiction over election petition, time frame for the commencement and conclusion of election petition, the parties to election petition, grounds on which election results can be challenged, pre-election matters, time frame for filing pre election matters and lastly, time frame for the determination of pre election matters.

WHAT IS ELECTION PETITION?
The process by which the outcome of any election is challenged is known as an election petition.
WHAT IS PRE-ELECTION MATTERS?
This relates to disputes arising from intra party affairs like primary elections, nomination of candidates or other disputes arising before the conduct of an election.
By Section 285(14) of the 1999 constitution amended by the constitution of the Federal Republic of Nigeria(Fourth Alteration No.21) Act,2017,pre-election matters means any suit in which:
a)An aspirant who complains that any of the provisions of the Electoral Act or any Act of the provisions of the National Assembly regulating the conduct of primaries of political parties and the provisions of the guidelines of a political party for the conduct of party primaries has not been complied with by a political party in respect of the selection of nomination of candidate for an election.
b) An aspirant challenging the actions, decision or activities of INEC in respect of its participation in an election or who complains that the provisions of the Electoral Act or any Act of the National Assembly regulating elections in Nigeria has not been complied with by INEC in respect of the selection or nomination of candidates and participation in an election; and
c) A political party challenging the actions, decisions or activities of INEC Disqualifying its candidate from participating in an election or complains that the provision of the Electoral Act or any Act of the National Assembly regulating elections in Nigeria has not been complied with by INEC in respect of the nomination of candidates of political parties or an election, timetable for the election, registration of voters and other activities of the commission in respect to preparation for an election.

JURISDICTION IN PRE-ELECTION MATTERS
All Pre-Election matters arising from party primaries or substitution of candidate by political parties are to be instituted before the High Court or the Federal High Court.

TIME FOR FILING PRE-ELECTION MATTERS
Every pre-election matter shall be filed not later than 14 days from the date of occurrence of the event, decision or action complained of in a suit.[ See Section 285(9) 1999 constitution amended by section 2 of the constitution of the Federal Republic of Nigeria(Fourth Alteration No.21)Act,2017.]

TIME FRAME FOR DETERMINATIOIN OF PRE ELECTION MATTERS
A court in every pre-election matter shall deliver its judgment in writing within 180 days from the days of filing the suit.[ See Section 285(10) of the 1999 constitution of the Federal Republic of Nigeria(Fourth alteration No.21)Act 2017.]
An appeal from a decision in a pre-election matter shall be filed within 14 days from the date of the delivery of the judgment appealed against.[ See Section285(11) of the 1999 Constitution of the Federal Republic of Nigeria(Fourth Alteration No.21)Act,2017]
TIME TO APPEAL AGAINST THE JUDGEMENT OF THECOURT IN PRE-ELECTION MATTERS
An appeal from a decision of a court in a pre-election matter shall be heard and disposed of within 60 days from the filing of the appeal.[ See Section 285(12) of the 1999 constitution of the Federal Republic of Nigeria(Fourth Alteration No.21)Act,2017.]

JURISDICTION OVER ELECTION PETITION
1.For Presidential elections, the court of appeal will assume jurisdiction.[ See Section 285(7)CFRN]
2.For governorship elections, Governorship Election Tribunal has exclusive jurisdiction.[ See Section 285(2) CFRN]
3.For the election of National Assembly or State House of Assembly; National and State House of Assembly Election Tribunal.[ See 285(1) CFRN]
APPEALS FROM THE DECISION OF ELECTION TRIBUNAL
1.Presidential election appeal goes to the supreme court.
2.Governorship election appeal goes to the court of appeal and a further appeal may go to the supreme court.
3.National and state house of Assembly election appeal goes and ends at the court of appeal.
AGE FOR CONTESTING ELECTION IN NIGERIA
Under the NOT TOO YOUNG ACT passed in 2018,the ages have been reduced by 5 years:
1.Presidency 35 years
2.Governorship 35 years
3.Senate 30 years
4.House of Representatives and House of Assembly states 25 years.
PARTIES TO ELECTION PETITTION
There are two parties to a petition i.e. the Petitioner and the Respondent.
1.The petitioner: This may be the candidate in an election or a political party which participated in the election and lost.
2. The Respondent: This must include the successful party whose election is complained of and INEC which conducted the election.
GROUNDS FOR ELECTION PETITION
Section 134(1) of the Electoral Act 2022 provides that an election may be questioned on any of the following grounds:

a) That the person whose election is questioned was at the time of the election, not qualified to contest the election.[ On the issue of qualification see Section 65,106,131,137(1)(b),177,182(1)(b) of the 1999 constitution as amended]
b) That the election was invalid by reason of corrupt practices or non-compliance with the provisions of this Act;
c) That the respondent was not dully elected by the majority of lawful votes cast at the election, or
d) That the petitioner or its candidate was validly nominated but was unlawfully excluded from the election.
e) That the person whose election is questioned had submitted to the commission affidavit containing false information of a fundamental nature in aid of his qualification for the election.

PERSONS DISQUALIFIED FROM CONTESTING ELECTIONS IN NIGERIA
1.Non-Nigerians
2.Persons of unsound mind
3.An ex-convict
4.A member of secret court
5.A minor

COMMENECEMENT OF ELECTION PETITION
An election petition by an aggrieved party is to be presented within 21 days after the declaration of the election results.[ See Section 285(5) of the CFRN 1999(as amended)]
TIME FOR DETERMINATION OF ELECTION MATTERS .
An Election Tribunal shall deliver its judgement in writing within 180 days of the filing of the petition.[ See Section 285(6)CFRN 1999 CFRN(as amended) See Marwa V. Nyako(2012)6NWLR(Pt 1296) 199;ANPP V. Gomi(2012)7 NWLR (Pt 1298) 147]
APPEALS IN ELECTION PETITION
A notice of appeal challenging the judgement of a court/Tribunal on election petition cases is to be presented within 21 days of the receipt of the judgement.[ See Section 138(2) of the Electoral Act 2022]
TIME FOR HEARING OF APPEALS
An appeal is to be heard and disposed of within 60 days from the date the appeal was filed.[ See Section 285(7) CFRN 1999(as amended)]

CONCLUSIONS
There is no iota of doubt that Election petition matters occupy a very sensitive and important position in the Nigerian Electoral Process.
Election litigation is bound to occur in an electoral process. Therefore, it is pretty much important that political parties and the electoral umpire, INEC must ensure that the rules and regulations guiding Electoral Process are complied with.
Orioye Ronuwo Owolebi is a legal practitioner at Mountain Top Attorneys and Solicitors.