THE DETERMINATION OF ELECTION PETITIONS WITHIN 180 DAYS IN NIGERIA: THE ISSUE IN CONTENTION

Abstract

In order to address the problem of prolonged litigation of electoral disputes the 1999 Constitution as amended and the Electoral Act as amended provided 180-day timeframe for the determination of election petitions by Election Tribunals. This article examines the provision of the 180 days for the determination of election petitions and the attendant challenges. It is found that the 180 days cannot be extended nor can an appeal court order a tribunal to trial a petition de novo where the petition is not determined on the merit and the 180 days have expired. There could also be instances where in the course of the determination of an election petition, the judiciary may embark on strike, unforeseen circumstances may ensue that will make it impractical for the tribunal to sit, etcetera. Against this background, the article recommends that the Constitution and the Electoral Act be amended to provide exception to the 180 days to accommodate instances where a tribunal could not determine a petition before the expiration of the 180 days due to circumstances beyond its control or where the appeal court can order for de novo trial where necessary to achieve the end of justice. In writing this article, doctrinal research methodology was used to collate materials.