PRESIDENTIAL ELECTION PETITION TRIBUNAL (PEPT):
THE GUARDIAN ANGEL OF AFRICA DEMOCRACY
In the wake of military take-overs in some parts of Africa, it’s time to review the models of African Democracies! Issues arising from the electioneering process should and must be addressed in the Election Petition Tribunals, especially the Presidential Election Petition Tribunal (PEPT). This is because, the Judiciary has been the savior of many democracies in the world and Africa should fall in line to avoid anarchy and seemingly freeze of governance in the face of post-election disputes. Election Petition Tribunal should be structured with cements of trusts and painted with transparent colors of unbiasedness. If this is done, It will be equivocally believed (or known) that Election Petition Tribunals, particularly the Presidential Election Petition Tribunal is the guardian angel of democracies in the world especially in Africa!
Table of Contents:
- Presidential election petition tribunal: How it works
- How long does it take for the presidential election tribunal to make a ruling
- What is the role of the court of appeal in the presidential election tribunal process
- How many judges sit on the court of appeal during a presidential election tribunal hearing
- What happens after the presidential election tribunal makes a ruling
- What are the possible outcomes of a presidential election tribunal ruling
- History of election petition tribunal in US and other parts of the world
- Are there any international standards or guidelines that election petition tribunals in other countries follow
PRESIDENTIAL ELECTION PETITION TRIBUNAL: HOW IT WORKS
The Presidential Election Petition Tribunal is a legal body established to hear and determine petitions arising from the conduct of the presidential election in Nigeria. Here is how the tribunal really works:
- The tribunal is established in accordance with the provisions of the Constitution of the Federal Republic of Nigeria, as amended in 2010.
- The tribunal has original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of the President.
- The tribunal is made up of judges appointed by the President of the Court of Appeal.
- The tribunal receives petitions from candidates or political parties who are dissatisfied with the outcome of the presidential election.
- The petition must be presented to the tribunal within 21 days of the announcement of the election result.
- The tribunal has the power to summon witnesses, receive documentary evidence, and conduct investigations to determine the validity of the election.
- The tribunal will entertain oral testimonies from witnesses during the hearing.
- After the hearing, the tribunal will determine whether the candidate whose election or return was complained of was validly returned or elected.
- The decision of the tribunal can be appealed to the Court of Appeal.
- The Court of Appeal is the official election petition tribunal for presidential elections in Nigeria.
- The Court of Appeal has the power to hear and determine appeals arising from the decision of the Presidential Election Petition Tribunal.
- The decision of the Court of Appeal can be further appealed to the Supreme Court, which is the final court of appeal in Nigeria.
In a nutshell, the Presidential Election Petition Tribunal is a legal body established to hear and determine petitions arising from the conduct of the presidential election in Nigeria. The tribunal receives petitions from candidates or political parties who are dissatisfied with the outcome of the election and has the power to summon witnesses, receive documentary evidence, and conduct investigations to determine the validity of the election. The decision of the tribunal can be appealed to the Court of Appeal and then to the Supreme Court, which is the final court of appeal in Nigeria.
HOW LONG DOES IT TAKE FOR THE PRESIDENTIAL ELECTION TRIBUNAL TO MAKE A RULING
According to the Constitution of Nigeria, the presidential election petition must be filed within 21 days after the date of the declaration of the election result. The duration of the tribunal process is not specified in the Constitution. After the hearing, the tribunal will determine whether the candidate whose election or return was complained of was validly returned or elected. The duration of the tribunal process depends on the complexity of the case and the number of petitions filed. In the past, the tribunal process has taken several months to conclude.
WHAT IS THE ROLE OF THE COURT OF APPEAL IN THE PRESIDENTIAL ELECTION TRIBUNAL PROCESS
The Court of Appeal in Nigeria plays a crucial role in the presidential election tribunal process. The primary roles of the Court of Appeal in the process includes:
- The Court of Appeal is the official election petition tribunal for presidential elections in Nigeria.
- The Court of Appeal has the power to hear and determine appeals arising from the decision of the Presidential Election Petition Tribunal.
- The decision of the Court of Appeal can be further appealed to the Supreme Court, which is the final court of appeal in Nigeria.
- The Court of Appeal is responsible for hearing and determining appeals arising from the decision of the Presidential Election Petition Tribunal.
- The Court of Appeal has the power to affirm, reverse, or modify the decision of the tribunal.
- The Court of Appeal is made up of judges appointed by the President of the Court of Appeal.
- The Court of Appeal is responsible for ensuring that the proceedings of the tribunal are carried out transparently and in accordance with the rule of law.
Without mincing words, the Court of Appeal plays a crucial role in the presidential election tribunal process in Nigeria. It is the official election petition tribunal for presidential elections and has the power to hear and determine appeals arising from the decision of the Presidential Election Petition Tribunal. The Court of Appeal is responsible for ensuring that the proceedings of the tribunal are carried out transparently and in accordance with the rule of law.
HOW MANY JUDGES SIT ON THE COURT OF APPEAL DURING A PRESIDENTIAL ELECTION TRIBUNAL HEARING
The number of judges that sit on the Court of Appeal during a presidential election tribunal hearing in Nigeria is not specified. However, the Court of Appeal is made up of judges appointed by the President of the Court of Appeal. In a recent report, five judges at the Court of Appeal were said to be presiding over the case of some aggrieved parties challenging the outcome of the February 25 2023 presidential election. The judges' names were also listed in the report, which included Justice Stephen Adah of the Court of Appeal Asaba division, Justice Misitura Bolaji-Yusuf, Court of Appeal also of Asaba Division, Justice Boloukuoromo Ugoh of Kano Division, and Justice Abba Mohammed of Ibadan Court of Appeal. However, the number of judges that sit on the Court of Appeal during a presidential election tribunal hearing may vary depending on the case's complexity and the number of petitions filed.
WHAT HAPPENS AFTER THE PRESIDENTIAL ELECTION TRIBUNAL MAKES A RULING
After the Presidential Election Tribunal makes a ruling, the following actions may occur:
- If the tribunal upholds the election of the President-elect, the President-elect will be sworn in as the President of Nigeria.
- If the tribunal invalidates the election of the President-elect, a fresh election may be conducted within 90 days of the tribunal's decision.
- The decision of the tribunal can be appealed to the Court of Appeal.
- The Court of Appeal has the power to hear and determine appeals arising from the decision of the Presidential Election Petition Tribunal.
- The decision of the Court of Appeal can be further appealed to the Supreme Court, which is the final court of appeal in Nigeria.
- The ruling of the tribunal, Court of Appeal, or Supreme Court is final and binding on all parties involved.
Simply put, after the Presidential Election Tribunal makes a ruling, the President-elect/President will either be sworn in as the President of Nigeria or sacked if already sworn-in and a fresh election may be conducted. The decision of the tribunal can be appealed to the Court of Appeal and then to the Supreme Court, which is the final court of appeal in Nigeria. The ruling of the tribunal, Court of Appeal, or Supreme Court is final and binding on all parties involved.
WHAT ARE THE POSSIBLE OUTCOMES OF A PRESIDENTIAL ELECTION TRIBUNAL RULING
The possible outcomes of a Presidential Election Tribunal ruling in Nigeria as already mentioned above can also include:
- The tribunal upholds the election of the President-elect, and the President-elect is sworn in as the President of Nigeria, or the already seated president will assume state legitimacy and allowed to pilot the affairs of the state.
- The tribunal invalidates the election of the President-elect/President, and a fresh election may be conducted within 90 days of the tribunal's decision.
- The decision of the tribunal can be appealed to the Court of Appeal.
- The Court of Appeal has the power to hear and determine appeals arising from the decision of the Presidential Election Petition Tribunal.
- The decision of the Court of Appeal can be further appealed to the Supreme Court, which is the final court of appeal in Nigeria.
- The ruling of the tribunal, Court of Appeal, or Supreme Court is final and binding on all parties involved.
HISTORY OF ELECTION PETITION TRIBUNAL IN USA AND OTHER PARTS OF THE WORLD
Election Petition Tribunals have been in the existence in the United States and other parts of the world before it became popular with Nigeria, perhaps due to alleged heightened irregularities in very recent elections:
United States:
- The United States has a long history of election disputes, with the most famous being the 2000 presidential election between George W. Bush and Al Gore.
- In the United States, election disputes are typically resolved through the court system, with the Supreme Court being the final arbiter of such disputes.
- The Supreme Court has the power to hear and determine appeals arising from the decision of lower courts in election disputes.
Other parts of the world:
- Election Petition Tribunals exist in many countries around the world, including Nigeria, the Philippines, and Ghana.
- These tribunals are established to hear and determine petitions arising from the conduct of elections in their respective countries.
- The tribunals have the power to summon witnesses, receive documentary evidence, and conduct investigations to determine the validity of the election.
- After the hearing, the tribunal will determine whether the candidate whose election or return was complained of was validly returned or elected.
- The decision of the tribunal can be appealed to higher courts, with the final court of appeal varying depending on the country.
In summary, the United States has a long history of election disputes, with the Supreme Court being the final arbiter of such disputes. Election Petition Tribunals exist in many countries around the world, and they are established to hear and determine petitions arising from the conduct of elections in their respective countries. The tribunals have the power to summon witnesses, receive documentary evidence, and conduct investigations to determine the validity of the election. The decision of the tribunal can be appealed to higher courts, with the final court of appeal varying depending on the country.
ARE THERE ANY INTERNATIONAL STANDARDS OR GUIDELINES THAT ELECTION PETITION TRIBUNALS IN OTHER COUNTRIES FOLLOW
There are international standards and guidelines that election petition tribunals in other countries follow. The International Institute for Democracy and Electoral Assistance (IDEA) has published three Codes of Conduct covering election administration, election observation, and political parties campaigning in democratic elections. These codes provide guidance on the legal framework of elections, including the establishment of election petition tribunals. The codes emphasize the importance of transparency, impartiality, and fairness in the conduct of elections and the resolution of disputes.
In Nigeria, the Election Petition Tribunal is established in accordance with the provisions of the Constitution of the Federal Republic of Nigeria, as amended in 2010. The tribunal has original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of the President. The tribunal receives petitions from candidates or political parties who are dissatisfied with the outcome of the election. The tribunal has the power to summon witnesses, receive documentary evidence, and conduct investigations to determine the validity of the election. The decision of the tribunal can be appealed to the Court of Appeal, which is the official election petition tribunal for presidential elections in Nigeria. The Court of Appeal has the power to hear and determine appeals arising from the decision of the Presidential Election Petition Tribunal. The decision of the Court of Appeal can be further appealed to the Supreme Court, which is the final court of appeal in Nigeria.
In other countries, the establishment and operation of election petition tribunals may vary depending on the country's legal framework and electoral system. However, the principles of transparency, impartiality, and fairness in the conduct of elections and the resolution of disputes are generally emphasized.
The International Electoral Standards Guidelines provide guidance on the legal framework of elections, including the establishment of election petition tribunals. Here are some of the key provisions of the guidelines:
- The guidelines emphasize the importance of transparency, impartiality, and fairness in the conduct of elections and the resolution of disputes.
- The guidelines provide principles for election observation, including the need for impartiality, independence, and professionalism.
- The guidelines provide guidance on evaluating election processes, including the need for transparency, accuracy, and security.
- The guidelines provide principles for promoting electoral reform, including the need for broad-based participation, consultation, and consensus-building.
- The guidelines provide guidance on reviewing the legal framework of elections, including the need for clear and consistent laws, regulations, and procedures.
- The guidelines provide principles for conducting a genuine, democratic electoral process, including the need for respect for human rights, freedom of expression, and equal access to the media.
- The guidelines provide guidance on the right to vote and to be elected, including the need for universal and equal suffrage, secret balloting, and the right to stand for election without discrimination.
In conclusion, the International Electoral Standards Guidelines provide guidance on the legal framework of elections, including the establishment of election petition tribunals. The guidelines emphasize the importance of transparency, impartiality, and fairness in the conduct of elections and the resolution of disputes. The guidelines provide principles for election observation, evaluating election processes, promoting electoral reform, reviewing the legal framework of elections, and conducting a genuine, democratic electoral process. The guidelines also provide guidance on the right to vote and to be elected. The forgoing, will strengthen the Election Petition Tribunals and foster unwavering trust that will label it a guardian angel of democracy!
References:
[1] https://www.idea.int/answer/ans1271309285734
[2] https://punchng.com/timeline-of-presidential-election-petitions-in-nigeria-since-1999/
[3] https://www.hrw.org/news/2023/05/09/nigerian-court-hear-challenges-against-presidential-election-result
[4] https://www.aljazeera.com/news/2023/9/6/nigeria-presidential-tribunal-upholds-tinubu-victory
[5]https://www.washingtonpost.com/world/2023/09/06/nigeria-court-verdict-presidential-election-tinubu/d4cd2b14-4c87-11ee-bfca-04e0ac43f9e4_story.html
[6] https://www.ndi.org/sites/default/files/Applying-International-Standards-ENG.pdf
[7] https://fij.ng/article/how-does-the-presidential-election-tribunal-work/
[8] https://apnews.com/article/nigeria-court-verdict-presidential-election-tinubu-9fa9d8d00390bf5746b028f4e5554561