The Constitutionality of Otherwise of the Electoral Act, 2010 as a Legal Framework Set down to Plug Loopholes in the Electoral and Post Electoral Matters in Nigeria
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Date
2017
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Department of Commercial Law, Faculty of Law, Imo State University, Owerri
Abstract
This chapter examines the provisions of Sections 285(5), 96), (7) and (8) of the constitution of the Federal Republic of Nigeria, 1999 (as amended in 2011) and Section 134 (1), (2), (3) and (4) of the Electoral Act, 2010. By these sections, the time within which an election petition shall be heard is limited to One Hundred and Eighty days from the date of filing the petition and any appeal that may arise from the decision of the Election petition tribunal shall be concluded within ninety days, from the date of delivery of judgment of the tribunal. The question is whether the provisions of the above sections which limit the time within which an election petition and any appeal arising therefrom shall be heard and determined by the tribunal/court constitutes an infringement of fundamental/constitutional right to fair hearing of the petitioner in the light of section 936(1) of the constitution and whether the legislature has not interfered with the independence o the judiciary in the discharge or judicial function. Is there any need to re amend the Act and the constitution or not?
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Keywords
Electoral Act, Legal Framework, Loopholes, Nigeria