First instance body dealing with electoral disputes

Constitution 1999

Part III

Election Tribunals

285. (1) There shall be established forthe Federation one or more election tribunals to be known as the National AssemblyElection Tribunals which shall, to the exclusion of any or tribunal, haveoriginal jurisdiction to hear and determine petitions as to whether -

(a) any person has been validlyelected as a member of the National Assembly;

(b) the term of office of anyperson under this Constitution has ceased;

(c) the seat of a member of theSenate or a member of the House of Representatives has vacant; and

(d) a question or petition broughtbefore the election tribunal has been properly or improperly brought.

(2) There shall be established ineach State of the Federation one or more election tribunals to be known as theGovernorship and Legislative Houses Election Tribunals which shall, to theexclusion of any court or tribunal, have original jurisdiction to hear and determinepetitions as to whether any person has been validly elected to the office ofGovernor or Deputy Governor or as a member of any legislative house.

(3) The composition of theNational Assembly election Tribunals, Governorship and Legislative HousesElection Tribunals shall be as set out I the Sixth Schedule to thisConstitution.

(4) The quorum of an electiontribunal established under this section shall be the Chairman and two othermembers.

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#NationalAssemblyElectionTribunal

AN ACT TO REPEALTHE ELECTORAL ACT 2006 AND RE-ENACT THE INDEPENDENT NATIONAL ELECTORALCOMMISSION, REGULATE THE CONDUCT OF FEDERAL, STATE AND AREA COUNCIL ELECTIONSAND FOR RELATED MATTERS, 2010

PART VIII -DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS

133.

(1) No electionand return at an election under this Bill shall be questioned in any mannerother than by a petition complaining of an undue election or undue return (inthis Bill referred to as an 'election petition') presented to the competenttribunal or court in accordance with the provisions of the Constitution or ofthis Bill, and in which the person elected or returned is joined as a party.

(2) In this part'tribunal or court' means—

(a) in the case ofPresidential or Governorship election, the court of

Appeal; and

(b) in the case of any otherelections under this Bill, the election tribunal established under theConstitution or by this Bill.

(3) The electiontribunals shall—

(a) be constitutednot later than 14 days before the election; and

(b) whenconstituted, open their registries for business 7 days before the election.

135.

(1) There shall be established for the Federal CapitalTerritory one or more Election Tribunals (in this Act referred to as the AreaCouncil Election Tribunal) which shall, to the exclusion of any other court ortribunal, have original jurisdiction to hear and determine any question as towhether:

[…]

138.

(1) An electionmay be questioned on any of the following grounds, that is to say:

(a) that a personwhose election is questioned was, at the time of the election, not qualified tocontest the election;

(b) that theelection was invalid by reason of corrupt practices or noncompliance with theprovisions of this Act;

(c) that therespondent was not duly elected by majority of lawful votes cast at theelection; or

(d) that thepetitioner or its candidate was validly nominated but was unlawfully excludedfrom the election.

(2) An act oromission which may be contrary to an instruction or directive of the Commissionor of an officer appointed for the purpose of the election but which is not contraryto the provisions of this Act shall not of itself be a ground for questioningthe election.