Four (4) Conditions For An Election To Be Challenged In Tribunal/Court

DAILY LAW TIPS (Tip 299) By Onyekachi Umah, Esq., LLM.
ACIArb(UK).

FOUR (4) CONDITIONS FOR AN ELECTION TO BE CHALLENGED IN
TRIBUNAL/COURT.

Any election in any part of Nigeria can be challenged in the
appropriate tribunal/court.
The 4 Grounds/Conditions To Challenge An Election in Nigeria,
are;

1. Elected candidate was not qualified to contest in
election.
2. Election was invalid due to corrupt practises or non-compliance
with the Electoral Act.
3. Elected candidate was not elected by majority of valid votes
casted at an election.
4. A validly nominated candidate was unlawfully excluded from the
election.

My authorities are sections 138 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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