Establishment of Election Tribunals and Time for Determination of Election Petitions (Substitution for Section 285 of the Constitution and section 29 of the First Alteration Act)

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Establishment of Election Tribunals and Time for Determination of Election Petitions (Substitution for Section 285 of the Constitution and section 29 of the First Alteration Act)

9. Section 29 of the First Alteration Act and section 285 of the Constitution are substituted for the following new sections—

“(1) There shall be established for each State of the Federation and the Federal Capital Territory, one or more election tribunals to be known as the National and State Houses of Assembly Election Tribunals which shall, to the exclusion of any Court or tribunal, have original jurisdiction to hear and determine petitions as to whether—

(a) Any person has been validly elected as a member of the National Assembly; or

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(b) Any person has been validly elected as a member of the House of a Assembly of a State.

(2) There shall be established in each State of the Federation an election tribunal to be known as the Governorship Election Tribunal which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions a to whether any person has been validly elected to the office of Governor or Deputy Governor of a State.

(3) The composition of the National and State Houses of Assembly Election Tribunal and the Governorship Election Tribunal, respectively shall be as set out in the Sixth Schedule to this Constitution.

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(4) The quorum of an election tribunal established under this section shall be the Chairman and one other member.

(5) An election petition shall be filed within 21 days after the date of the declaration of result of the elections;

(6) An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition;

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(7) An appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed of within 60 days from the date of delivery of judgment of the tribunal or Court of Appeal.

(8) The Court, in all final appeals from an election tribunal or court may adopt the practice of first giving its decision and reserving the reasons therefore to a latter date.”

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10. The Sixth Schedule to the Constitution of the Federal Republic of Nigeria, 1999, is substituted for a new “Sixth Schedule”—

“Sixth Schedule (Substitution for the Sixth Schedule to the Constitution and Sixth Schedule to the First Alteration Act)

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