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CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (FOURTH ALTERATION, No. 21) ACT, (DETERMINATION OF PRE-ELECTION MATTERS)
ARRANGEMENT OF SECTIONS
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (FOURTH ALTERATION, NO. 21) ACT, 2017
A Bill For
An Act to alter the provision of the Constitution of the Federal Republic of Nigeria, 1999 to provide for the determination of pre-election matters; and for related matters
ENACTED by the National Assembly of the Federal Republic of Nigeria –
(a) Substituting for marginal note, a new “marginal note” –
“Time for determination of pre-election matters, establishment of Election Tribunals and time for determination of election petitions”
(b) Substituting for subsection (8), a new subsection “(8)” –
“(8) Where a preliminary objection or any other interlocutory issue touching on the jurisdiction of the tribunal or court in any pre-election matter or on the competence of the petition itself is raised by a party, the tribunal or court shall suspend its ruling and deliver it at the stage of final judgment”; and
(c) Inserting, after subsection (8), new subsections “(9)” – “(14) –
“(9) Notwithstanding anything to the contrary in this Constitution, every pre-election matter shall be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit.
(10) A court in every pre-election matter shall deliver its judgment in writing within 180 days from the date of filing of the suit.
(11) An appeal from a decision in a pre-election matter shall be filed within 14 days from the date of delivery of the judgment appealed against
(12) An appeal from a decision of a court in a pre-election matter shall be heard and disposed of within 60 days from the date of filing of the appeal.
(13) An election tribunal or court shall not declare any person a winner at an election in which such a person has not fully participated in all stages of the election.
(14) For the purpose of this section, “pre-election matter” means any suit by –
(a) an aspirant who complains that any of the provisions of the Electoral Act or any of the National Assembly regulating the conduct of primaries of political parties and the provisions of the guidelines of a political party for conduct of party primaries has not been complied with by a political party in respect of the selection or nomination of candidates for an election;
(b) an aspirant challenging the actions, decisions or activities of the Independent National Electoral Commission in respect of his participation in an election or who complains that the provisions of the Electoral Act or any of the National Assembly regulating elections in Nigeria has not been complied with by the Independent National Electoral Commission in respect of the selection or nomination of candidates and participation in an election; and
(c) a political party challenging the actions, decisions or activities of the Independent National Electoral Commission disqualifying its candidate from participating in an election or a complaint that the provisions of the Electoral Act or any other applicable law has not been complied with by the Independent Electoral Commission in respect of the nomination of candidates of political parties for an election, timetable for an election, registration of voters and other activities of the Commission in respect of preparation for an election”
This Act may be cited as the Constitution of Federal Republic of Nigeria, 1999 (Fourth Alteration, No. 21) Act, 2017.
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