Examkin

Question

Difficulty: MediumElectoral Management Bodies and Conduct of Elections

Following the declaration of results in a governorship election in Nigeria, a candidate dissatisfied with the outcome decides to challenge the constitutional validity of the return. Which body is empowered with original jurisdiction to hear and determine this post-election petition?

  1. Governorship Election Petition TribunalAnswer
  2. B
    State High Court
  3. C
    Federal High Court
  4. D
    Magistrate Court

Answer

Governorship Election Petition Tribunal
The 1999 Constitution of the Federal Republic of Nigeria explicitly establishes Election Petition Tribunals to handle disputes arising from the conduct and results of elections. Specifically, the Governorship Election Petition Tribunal is granted original jurisdiction to determine whether any person has been validly elected to the office of Governor.

Step-by-Step Solution

1
Identify the nature of the legal challenge in the scenario.
The dispute is a post-election petition aimed at challenging the validity and outcome of a governorship election result.
Different judicial and quasi-judicial bodies handle pre-election matters, criminal electoral offences, and post-election petitions.
2
Determine the constitutional tribunal established specifically for post-election disputes.
The 1999 Constitution of Nigeria (as amended) creates specialized Election Petition Tribunals (specifically the Governorship Election Petition Tribunal) for governorship election disputes.
Regular courts (High Courts and Magistrate Courts) do not possess original jurisdiction over post-election petitions.

Key Concept

Electoral Dispute Resolution and Jurisdiction of Election Petition Tribunals
Estimated Time:1m 0s
Rate this question

Topics

Electoral Management Bodies and Conduct of Elections