By Nwafor Sunday

As Nigeria prepares for another electoral cycle, legal experts have highlighted the importance of the country’s election petition system as a critical mechanism for resolving post-election disputes.

Dr. Olusola J. Jegede, a partner at Resolution Law Firm, recently provided insights into the legal procedures that govern how election outcomes can be challenged in Nigeria, stressing that the country’s democratic process does not end with the declaration of results by the Independent National Electoral Commission (INEC).

According to Dr. Jegede, election petitions operate under a specialised legal framework rooted in the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Electoral Act 2022.

He explained that election petitions are considered sui generis—a Latin term meaning “of their own kind”—because they follow unique legal procedures distinct from conventional civil or criminal litigation.

“Election petitions in Nigeria are proceedings of their own kind with strict rules that guide how they must be filed and determined. The law clearly defines who can file a petition, the grounds on which it can be filed, and the timelines that must be followed,” Jegede said.

He noted that only candidates who contested an election or the political parties that sponsored them have the legal standing to file a petition. In most cases, INEC is also listed as a respondent since it is responsible for conducting the election being challenged.

Dr. Jegede further identified three principal grounds upon which election results may be contested. These include claims that the declared winner was not qualified to contest the election, allegations that the election was invalid due to corrupt practices or non-compliance with electoral laws, and assertions that the declared winner failed to secure the majority of lawful votes cast.

“In many election petitions, the court must determine whether the alleged irregularities were substantial enough to affect the outcome of the election. The burden rests on the petitioner to provide credible evidence to support the claims,” he explained.

He also stressed that election petitions are governed by strict timelines that courts cannot extend. Under Nigerian law, an aggrieved candidate or political party must file a petition within 21 days after the declaration of results, while respondents are given another 21 days to submit their replies.

“The tribunal is required to deliver its judgment within 180 days from the date the petition was filed. If that deadline is exceeded, the judgment becomes invalid regardless of the circumstances,” Jegede said.

He added that appeals against tribunal decisions must be filed within 21 days, while appellate courts are mandated to deliver their rulings within 60 days.

Dr. Jegede also highlighted the growing role of technology in election litigation, noting that electronic tools such as the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IReV) are increasingly being relied upon as evidence in election disputes.

These digital records, he explained, can help courts determine issues such as over-voting, accreditation irregularities, and compliance with electoral procedures.

“When criminal allegations such as forgery or electoral violence are raised in an election petition, they must be proven beyond reasonable doubt, while civil irregularities are determined on the balance of probabilities,” he said.

Despite criticisms that election litigation can be overly technical, Dr. Jegede maintained that the system remains an essential safeguard for democratic stability in Nigeria.

According to him, the election petition framework provides a lawful and structured avenue for addressing grievances arising from elections.

“The process ensures that disputes are resolved through the rule of law rather than through conflict or unrest,” he added.