Electoral Irregularities?
Setting up Election Tribunals
Jun 11, 2003, 17:28
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The Chief Justice of the Federation, Justice Mohammad Uwais, set up Election Tribunals in each of the 36 States as well as the Federal Capital Territory, and assigned them the task of handling petitions stemming from the 2003 general elections.
Each Tribunal comprises a panel of five members consisting of a combination of State High Court Judges and Chief Magistrates. The Chief Justice of the Federation on 25 April and 30 April swore in members of the Tribunals.
While the Court of Appeal adjudicates on disputes arising from the Presidential election, the Tribunals adjudicate on those arising from the National Assembly, Governorship and State Assembly elections. This is in line with provisions of the Constitution and the Electoral Act (2001/2002).
It is important to note that the Electoral Act 2001 and 2002 differ only in relation to Section 15, which addresses the issue of election dates and times. While the Electoral Act 2001 specifies different dates for the Presidential, National Assembly and State Assembly elections, the Electoral Act 2002 stipulates that they all hold on the same date.
Areas of Authority
Section 285 of the Constitution states that the Election Tribunals, to the exclusion of any other court or tribunal, have sole jurisdiction over petitions that relate to:
· The validity of an election result
· The determination of the period for which an official can occupy an office
· The vacating of a seat by any member of the National or State Assemblies
· The issue of whether a question or petition has been properly or improperly filed.
As a follow-up to the above constitutional provision, the Electoral Act requires that Tribunals must be constituted 14 days before the elections, while filing of petitions should be made within 30 days from the date that election results are declared.
The Act provides two specific grounds for which elections can be nullified:
· If it is determined that a candidate who was returned as elected was not fairly elected according to clearly defined rules and regulations
· If it is determined that a candidate returned as elected did not score the majority of valid votes according to procedures that are laid down by the Constitution and the Act.
On the other hand, the Tribunals can also strike out a petition on the basis that it is not in accordance with the provisions of Part VII of the Electoral Act. These provisions may be related to any of the following factors:
· Method of challenging and questioning an election result
· Time of presenting a petition
· Eligibility to file a petition
· Grounds for filing a petition
Where a petitioner or defendant is not satisfied with a ruling, he or she has up to 21 days to appeal such a ruling.
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