When Can Court Nullify An Election In Nigeria | Nairalaw

DAILY LAW TIPS by Onyekachi Umah,Esq.(Tip 286)

WHEN CAN COURT NULLIFY AN ELECTION IN
NIGERIA.

Any election in any part of Nigeria can be nullified by an
appropriate tribunal/court. An election will be nullified by a
tribunal/court, where there is clear, positive, credible and
over-whelming evidence that an election was not substantially
conducted in accordance with the Electoral Act and that the
non-compliance, substantially affected the result of the election.
So, until you convince a tribunal/court that there was a
SUBSTANTIAL NON-COMPLIANCE in the conduct of an election contrary
to the provisions of Electoral Act and that such also affected the
final result of an election result, an election will not be
nullified.

My authorities are sections 138, 139, 140 and 158 of the
Electoral Act, 2010. Also, the decision of the Supreme Court in
BUHARI V. OBASANJO (2003) 17 NWLR (Pt.850) 510 and the decision of
Court of Appeal in the case of OKAFOR OKOREAFFIA & ANOR. v.
HON. AGWU U. AGWU & ANOR. (2010) LPELR-4708(CA)

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