Election disputes do not end at the polls. In Nigeria, a candidate or political party that believes a declared result is unlawful may challenge it through an election petition, a specialized legal proceeding governed by the Electoral Act 2026 and the Constitution of the Federal Republic of Nigeria 1999 (as amended).
But Nigerian election petitions are highly technical. Filing one simply because an election felt unfair is not enough. The complaint must fall within the strict statutory grounds recognized by law.
The Two Grounds
1. Corrupt Practices or Non-Compliance with the Electoral Act
This is the most commonly litigated ground. A petitioner may challenge an election on the basis of overvoting, ballot stuffing, falsification of results, improper accreditation, violence, or failure to follow statutory procedures.
However, not every irregularity voids an election. The Supreme Court established in Buhari v. Obasanjo that the petitioner must prove two things: that the non-compliance actually occurred, and that it substantially affected the final result. This was reaffirmed in Udom v. Umana and Akpoti v. INEC.
Where corrupt practices such as bribery or forgery are alleged, the evidential bar is even higher. In Shuaib Salisu v. Jelili Amusan, the court held that the conduct complained of must be directly connected to the returned candidate or those acting on their behalf.
2. The Respondent Was Not Duly Elected by the Majority of Lawful Votes Cast
This ground focuses on the actual vote count. The petitioner argues that unlawful votes were counted for the winner, or that valid votes for the petitioner were wrongly excluded and that the correct count would have produced a different result.
This requires mathematical precision. The petitioner must identify the specific unlawful votes, explain why they are unlawful, and show exactly how their exclusion would change the declared outcome. Courts do not act on estimates or guesswork.
What Will Not Work
A breach of INEC guidelines alone does not invalidate an election. Administrative departures from INEC directives, without a corresponding breach of the Electoral Act and proof of impact on the result, will ordinarily not sustain a petition.
Penalties for Filing Outside the Statutory Grounds
Under Section 138(3) of the Electoral Act 2026, filing a petition outside the recognized grounds carries serious financial consequences:
- The petitioner: not less than ₦10 million
- The legal practitioner: not less than ₦5 million
This provision is designed to deter frivolous petitions and reinforces the obligation on lawyers to conduct a rigorous pre-filing assessment.
Burden of Proof and Evidence
The burden of proof rests entirely on the petitioner. Tribunals require specific pleadings, credible documentary evidence, and reliable witness testimony, not broad political grievances.
Petitions must typically be pleaded polling unit by polling unit. Evidence such as Form EC8A result sheets, collation forms, accreditation records, and BVAS data are essential. Sweeping allegations across an entire constituency almost always fail.
Filing Deadline
Election petitions must be filed within 21 days of the declaration of results. This deadline is strictly enforced. Late petitions are dismissed regardless of merit.
Key Takeaway
The grounds for an election petition in Nigeria are narrow, statutory, and deliberately limited. Before filing, every candidate, political party, and legal practitioner must identify the correct legal ground, preserve credible evidence, and honestly assess whether the complaint meets the strict legal standard required.
Getting this wrong is costly, in time, money, and legal consequence.
Frequently asked Questions: Election Petition in Nigeria
What are the legal grounds for election petition in Nigeria under the Electoral Act 2026?
The two recognized grounds are: (1) the election was invalid by reason of corrupt practices or non-compliance with the Electoral Act; and (2) the respondent was not duly elected by the majority of lawful votes cast.
Can an election be nullified for every irregularity?
No.Nigerian law does not nullify elections for minor or technical irregularities. The non-compliance must have substantially affected results.
What is the deadline for filing an election petition in Nigeria?
Election petitions must be filed within 21 days of the declaration of results. This deadline is strictly enforced and delay is fatal to the petition.
This article is for general information only and does not constitute legal advice. Contact a qualified legal practitioner for guidance on specific electoral matters.