An Examination of the Jurisdiction of Tribunals and Courts in Election Petition Litigation

Abstract

The paper looks at the fundamental nature of jurisdiction and its centrality to the determination or otherwise of Election Petitions at Election Petition Tribunals and Courts. It appraises the jurisdiction of Election Petition Tribunals and Courts against the backdrop of the grounds for challenging General Elections in Nigeria as provided for in the 1999 Constitution and the Electoral Act 2010 (as amended 2015). The study adopts the doctrinal approach to research and focuses on case law as reported in the assorted law reports available in the country. It highlights the issues and controversies that have enveloped, shrouded and delimited the exercise or otherwise of jurisdiction by tribunals and courts and posits the need for lawyers to examine the extant provisions of the statutes and case law so as to make the prosecution of petitions less cumbersome. The paper also addresses the various impediments to the jurisdiction of tribunals and courts. It recommends a careful study of the various grounds for challenging elections and recommends that practitioners should avoid redundant and frivolous objections so as to focus on the substance rather than technicalities due to the sue generis nature of election petitions.