OPINION
Inside the Courts and Challenging Election Outcomes
By Samson Itodo
Litigating election disputes is contentious, complex, and excessively technical. This accounts for the reason election tribunals and courts make efforts to resolve election disputes but often fail to address the grievances of litigants.
As expected, political attention is shifting to the courts as aggrieved candidates and political parties that contested in Nigeria’s 2023 general elections are approaching the courts to challenge the outcome of the polls and seeking legal remedies. The polling unit was the arena of electoral competition a few weeks ago, but the courts have displaced the polling units as the new arena for electoral contests. As it stands, the courts will determine the final vote in all election disputes it entertains.The process of registering a complaint or challenging the outcome of the election is called an election petition. Election tribunals or the courts address grievances with election results ventilated by litigants. Unlike other cases, election petitions are special cases in a class of their own. Due to their special nature, the procedures, courts, and timelines for filing documents are unique. Some technical defects or irregularities considered immaterial in other proceedings could be fatal to proceedings in election petitions. Let’s consider five critical components of Nigeria’s election adjudication process.
Not all persons can question an election outcome
Different categories of persons participate in elections, but not all possess the right to challenge or question the result of an election. Section 133 of the Electoral Act 2022 defines persons entitled to present an election petition. They include candidates in an election and a political party that participated in the election. A person whose election is questioned is a party to an election petition. Where the complaint is against a permanent or ad-hoc official of the Independent National Electoral Commission (INEC), the electoral commission will be listed as a party due to its role in the administration of elections. Nigeria’s electoral law considers these persons necessary parties in an election petition. An election petition will suffer an ill fate if these parties are excluded.
The person (s) or political party that initiates or files an election petition is referred to as the petitioner, while the person or party the petition is made against is called the respondent. In most cases, the petitioner will seek to establish that the candidate INEC declared the winner was not validly elected or that they are entitled to be declared the winner. The respondents will include the person or party declared the election winner. A tribunal or court would not entertain any petition that questions an election result or a winner declared by INEC unless the person announced as a winner is joined as a party.
Special tribunals and courts resolve election disputes
A distinctive feature of election petitions lies in the courts and tribunals with judicial powers to resolve election disputes. The 1999 constitution, as amended and Electoral Act 2022, establishes the following tribunals and courts with jurisdictional competencies;
National assembly and state houses of assembly election tribunals for each state of the federation and the FCT with authority to entertain petitions on National assembly and state houses of assembly elections (Section 285(1) 1999 constitution as amended)
1. Governorship election tribunal to hear and determine petitions for governorship elections (Section 285(2) 1999 constitution as amended)
2. Court of appeal to adjudicate petitions against presidential elections (Section 239(1) 1999 constitution)
3. Area council election tribunal to resolve disputes related to the elections into the office of the chairman and councillors within the FCT. (Section 131(1) Electoral Act 2022)
As a matter of law, election petition tribunals are constituted not later than 30 days before an election holds. The tribunal is required to open registries for business seven days before the election. These tribunals and courts can only resolve an election dispute if the law gives them authority. Without the legal power, any proceeding conducted by these tribunals or courts will be an exercise in futility. An election tribunal or court must fulfil certain conditions before it assumes jurisdiction to resolve an election dispute. First, a tribunal or court must be properly constituted. Members of the panel should be duly qualified as prescribed by law. Secondly, the subject matter of the case is within the defined scope or powers of the tribunal or court. Lastly, due process is followed in initiating the case before a court, and all pre-conditions have been satisfied.
All timeframes are sacrosanct.
The constitution and electoral act make explicit provisions on the timeframe within which an aggrieved person can institute a legal case challenging the result of an election. The law also provides a timeline for the courts to determine an election petition. The court will only entertain an election petition if the petition is filed within the timeframe prescribed by the law. The petitioner intending to challenge an election result must file their petition within 21 days after the declaration of the election results. Filing a petition outside the fixed period renders it incompetent and strips the Tribunal of the jurisdiction to hear and determine the petition.
An election tribunal has 180 days from the filing date to hear and determine an election petition. Any petition determined outside 180 days is invalid. Any person displeased with the decision of the national/state assembly or governorship election tribunal must file a notice of appeal in the registry of the tribunal or court within 21 days from the decision date. An appeal against the decision of the tribunal must be disposed of by the appellate courts (Court of Appeal and Supreme Court) within 60 days from the date of the delivery of judgment by the tribunal or court. In addition, appeals from the decision of the court of appeal to the Supreme Court shall be filed within 14 days from the date the decision appealed against was delivered. It takes approximately eight months to resolve a dispute on national/state assembly elections, 10 months in the case of a governorship election petition, and eight months to determine a presidential election petition. No matter the exigencies, or emergencies, the time fixed by the constitution to hear and determine election cases cannot be extended.
Grounds for challenging an election must be recognized by law
Any individual or political party that intends to challenge or question the result of an election must ensure the petition is established on a valid ground or reason recognized by law. An election petition can only succeed with valid grounds recognized by the 1999 constitution or Electoral Act 2022. Section 134 of the Electoral Act 2022 lays out three grounds. They include;
1. Non-qualification: An election can be questioned if the person declared as a winner was not qualified to contest the election at the time of the election. Where a candidate fails to meet the criteria enshrined in the constitution, such a person is ineligible to contest an election. The requirements of citizenship, age (president 35 years, senate and governors 35 years, House of Reps and State assembly 25 years), membership and sponsorship by a political party, and education qualification are the foundational criteria for running for office.
2. Corrupt practices and non-compliance: A petitioner must establish that the election was invalid by reason of corrupt practices or non-compliance with provisions of the 2022 Electoral Act. Corrupt practices include electoral offences like election fraud, bribery, and falsification of election results. Non-compliance refers to outright violations of the 2022 Electoral Act and INEC Guidelines, which confers an undue advantage to a candidate or party.
3. Failure of the person declared a winner to score a majority of lawful votes: Once the person initiating the petition can establish the candidate declared a winner of an election was not duly elected by the majority of lawful votes cast at the election, the election will be nullified. This ground relates to errors, computational accuracy in the collation of votes, and exclusion of votes against the person filing the petition and that the person declared the winner fails to meet the legal requirement to be returned as a winner.
Tribunal judgments are appealable
Litigants who are dissatisfied with rulings delivered by election tribunals or courts of first instance can appeal such judgments as a matter of constitutional right. Appeals arising from the decision of the Court of Appeal in respect of a presidential election shall be heard by the Supreme Court, which is the Court of last resort. In contrast, appeals against the decision of a Governorship election tribunal lie to the Court of Appeal and from the Court of Appeal to the Supreme Court, which is the final arbiter. Lastly, appeals on National and State Assembly election tribunal judgments are filed at the Court of Appeal, which is the final Court for all appeals related to legislative elections.
While the recourse to an unelected body of judges to resolve election disputes signals increasing faith in the judicial process, it also exposes the desperation of politicians to exploit the litigation process to clinch electoral victory. Without good judges, the aspiration of advancing electoral justice and political legitimacy may be thwarted. Charles Evans Huges, in his presidential address to the American Bar Association, described a good judge as: –
“An honest, high-minded, able and fearless judge is, therefore, the most servant of democracy, for he illuminates justice as he interprets and applies the law; as he makes clear the benefits and shortcomings of the standards of individual and community rights amongst a free people.”
May good judges rise when it matters most to enforce the will of the people expressed through the ballot box.
Analysis
Much Ado About the PBAT Door-to-Door Movement
By Catherine Agbo
In the unfolding drama of Nigerian political discourse, few things excite the commentary circuit quite like a prominent figure stepping decisively into the political arena.
The recent media frenzy surrounding the activities of the High Chief Government Ekpemupolo-led PBAT Door-to-Door Movement is a classic study in selective outrage.
Ekpemupolo, popularly known as Tompolo, is the Grand Patron of the movement.
From editorial columns in national dailies to online commentary, critics have been relentless in dishing out opinions about the group’s activities targeted at mobilising support for President Bola Tinubu’s re-election campaign.
Yet, beneath the righteous indignation lies a fundamental misinterpretation of constitutional rights and democratic principles.
The narratives being spun across several opinion pieces, such as those asking why Tompolo should be actively involved in partisan politics or phoney groups labelling his endorsement as “deceptive,” are all built on shaky foundation.
Critics point to his role as a major security stakeholder in the Niger Delta and argue that a person of his background should remain politically passive or detached from party politics. Others question the deployment of operational vehicles and logistics to coordinators of the movement across states for the campaign, framing legitimate political mobilisation as an overreach.
However, this wave of criticism ignores a fundamental truth, that Nigeria is a constitutional democracy governed by the rule of law.
Section 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantee every citizen the right to freedom of expression and the right to peaceful assembly and association.
These rights are not reserved exclusively for career politicians, armchair intellectuals, or media commentators, they belong to every Nigerian citizen in equal measure.
Critics who have raised the alarm over campaign spending have also conveniently ignored the provisions of Nigeria’s statutory electoral framework.
The way I see it, High Chief Ekpemupolo has not gone against the Electoral Act 2026 in any way.
The Electoral Act 2026 sets clear financial caps on direct spending by individual candidates and limits on direct monetary donations to political parties or candidates’ accounts.
It also limits the amount a donor can make to a candidate or political party to N500 million.
The Electoral Act 2026 does not, however, specify, mandate, or place any financial spending ceiling for independent third-party support groups, non-governmental movements, or citizen-led mobilisation platforms.
Because the law contains no statutory cap on what an independent group can spend to mobilise voters, logistically equip its coordinators, or advocate for a candidate, Tompolo’s support group operates entirely within the legal limits of the Nigerian electoral law.
To invent non-existent legal infractions simply to tar a political support group is a disingenuous exercise in bad faith.
Tompolo has not been indicted by any court of competent jurisdiction, nor has he violated any law of the land by supporting a presidential candidate of his choice.
He has not been found wanting in any legal measure whatsoever for exercising his democratic suffrage and organising a political support group.
To, therefore, suggest that he should sit on the sidelines while other private citizens and influencers exercise their constitutionally guaranteed right to endorse and fund candidates is to demand a double standard that borders on hypocrisy.
Political association in a democratic society is rooted in choice, conviction, and interest.
If Tompolo believes that the current administration’s policies, particularly in stabilised oil production, maritime security, infrastructure, increased allocation to states, security, especially the State Police bill which 25 state Houses of Assembly have already approved, among others, align with the long-term prosperity of his constituency and the nation, he is within his full constitutional rights to persuade others to share that vision.
Mobilising grassroots support at the ward, household, and polling-unit levels through peaceful door-to-door engagement is the very essence of citizen participation in governance. It is political organising at its most fundamental level.
Those rushing to judge him prematurely are mistaking political enthusiasm for wrongdoing.
A citizen’s choice to donate campaign vehicles, set up organisational structures, and hold political rallies across different geopolitical zones is standard practice in presidential politics globally. In democratic climates, such actions are celebrated as evidence of civic investment and grassroots empowerment. Why should a different standard be constructed when the participant happens to be an influential opinion leader like Tompolo?
The online backlash and critical editorials reveal a deeper prejudice.
Nigeria’s democracy matures when citizens participate freely without fear of unwarranted public trial by the media.
The PBAT Door-to-Door Movement is operating entirely within the boundaries of civil political engagement and statutory electoral law. Rather than attacking the messenger, critics would do well to focus their energy on robust policy debates, engaging the electorate on ideas rather than seeking to curtail the lawful rights of individuals.
Tompolo has broken no law, breached no electoral act provision, and violated no constitutional mandate. He is simply exercising his fundamental right as a free citizen of Nigeria to associate, express his preference, and campaign for the candidate he trusts to lead the country. The misplaced outrage and hasty judgments filling opinion pages ought to be laid to rest.
In a free nation, the right to choose belongs to everyone and Tompolo is no exception.
Agbo, a strategic and development communication expert writes from Abuja.
OPINION
Restoring the Naira as a Store of Value
By Uddin Ifeanyi
Much of the palaver over the recent meeting of the Central Bank of Nigeria’s policy committee was exercised by how well the apex bank is doing its job. Against its primary goal of maintaining price stability, the CBN’s Monetary Policy Committee’s decision to recalibrate its monetary policy rate (MPR) in order to align it with the market invited the most attention.
First, there is the question of what the MPR anchors.
In reality, nothing. Ideally, however, the CBN’s policy rate should transmit price signals through the financial system, influencing saving, borrowing, liquidity, inflation expectations, and in the end, the naira’s exchange rate. It should, in other words, signal the central bank’s intentions. Yet, we have had years in which the MPR stoically remained unchanged even as inflation ran riot, and the naira’s exchange rate came under severe downward pressure.The CBN has regularly papered over this crack with an often-bewildering arsenal of tools — including some eccentric flimflams that it has deployed in recent times. But this only raises further questions as to how useful even these are. Take the cash reserve requirement.
At 45 percent for deposit money banks, it means that nearly half of banks’ qualifying deposits are warehoused with the central bank at any given time. While these sums may not, therefore, be available to build bubbles in the foreign exchange and equity markets, they are not likewise available for lending. Even if we argue that long-term lending ought properly to be funded by equity, banks and not shareholders should bear the burden of financing businesses’ working capital needs. Then, there is the small matter of how the CBN’s cash reserve requirement might be just as orphaned as its policy rate.
Banks raising naira deposits end up paying the CRR tax. In an economy that has witnessed considerable dollarisation — “the process where a country uses a foreign currency (most often the greenback) alongside or completely in place of its own domestic currency” over the years, does it matter that deposits into domiciliary accounts are not CRR compliant? And how?
Might the “dollarisation” phenomenon hold the key to the CBN’s toolkit’s redundancies? Countries formally adopt the dollar in place of their domestic currencies when locals lose faith in the latter. This process restores the stability that struggling economies often find unable to achieve with their currencies and drives investment inflows.
Nigeria’s dollarisation is only partial and barely adjacent. Yet, while the country may not have lost the gains — seigniorage — from printing its own currency that is one consequence of dollarisation, the CBN looks to have partially lost control of the monetary policy space, with the sums that Nigerians increasingly park in their dollar accounts.
There are, thankfully, many ways to regain this control without having to nationalise dollar deposits. Neither the CBN nor the government can talk their way out of this, though. You cannot tell Nigerians to keep their savings in naira while offering them a savings rate below inflation. The smart choice in this circumstance is for domestic economic actors to move their savings into dollars, property, equities, commodities, inventory, or other assets.
Giving Nigerians a reason to save in naira should thus be the central goal of a policy reset. How to do this? We have got to keep inflation low. At 30% year-on-year a while back, the CPI numbers were an outrage. At a little over 15 percent today, it is still doing great injury to the naira. N100 today has roughly the purchasing power of only ₦50 after five years. The solution here goes beyond the CBN setting a credible, explicit medium-term inflation target.
It also transcends the CBN laying out incentive structures that make deviations from this target costly both politically and institutionally. More than this, the national commitment to the CBN not financing fiscal deficits must be religious and total. While this means that monetary policy is no longer subordinate to the federal government’s financing requirements, it must aim at positive real interest rates for savers.
Still a spectre haunts monetary policy in Nigeria. It is unfortunately not in the CBN’s gift to exorcise the nightmare that the federal government’s financing requirements have become.
How do we persuade our public sector boffins that a government that persistently spends more than it can sustainably pay for creates pressure for any of higher taxation, additional borrowing, monetary accommodation, inflation, or the naira’s depreciation? If the naira is only as strong as Nigeria’s balance sheet, then the task of getting both the fiscal and monetary authorities to operate under a common nominal inflation anchor must begin with reducing recurrent expenditure, broadening the tax base instead of increasing the tax rate, returning off-budget borrowing back to the budget, publishing complete fiscal accounts, improving the quality of public investment, establishing a credible medium-term strategy, and ceasing to use the CBN as a piggy bank.
Hopefully, this should help the economy produce more tradable goods and services. Because the naira represents a claim on the economy by anyone holding it, we cannot permanently defend the currency’s exchange rate through interest rates and reserves, if the economy continually uses up more foreign exchange than it earns. In other words, then, the economy must work for the naira to work.
Uddin Ifeanyi, a journalist manqué and retired civil servant, can be reached @IfeanyiUddin.
OPINION
Nigerian Disability; We Sold the Well, Charged for and Withheld the Water
By Prince Charles Dickson Ph.D
There is an old story about a lawyer who sold his well to a teacher, then returned demanding payment for the water inside it. The teacher smiled. If the water still belonged to the lawyer, he replied, perhaps the lawyer should remove it or pay rent for storing it in somebody else’s well.
Suddenly, the lawyer remembered he had only been joking.It is funny until we recognise ourselves as lawyers.
We tell people with disabilities that public spaces belong to everyone. Then we demand an additional price for entering them.
We give them citizenship, but charge for the ramp. We promise education, but make the classroom unreachable. We proclaim equal opportunity, then construct the doorway too narrow for their wheelchair.That contradiction came home to me when Grace shared her story with me, she titled Public Place Accessible Report for Inclusion. It contained no sentimental appeal. It simply insisted that public places should allow everyone to enter, move, communicate, receive services and participate independently, safely and with dignity.
I listened to it in her voice once as a report. Then, I read it again as an indictment.
Behind every line was somebody’s ordinary day made unnecessarily difficult. A mother arrives at a hospital, already frightened for her child, discovering that the entrance has steps but no ramp. A young man preparing carefully for an interview, only to find his opportunity waiting upstairs without a lift. An older woman confronting a pavement that has forgotten her legs cannot move as quickly as they once did.
These are imagined scenes, but the barriers Grace identified are painfully real. Poorly enforced building standards. Toilets that exclude. Transport that humiliates. Signs people cannot read. Public information people cannot hear. Facilities built without consulting those who will need to use them.
Grace’s intervention mattered because she did not reduce accessibility to a construction problem. Her story and experience understood something profound: every inaccessible entrance is also a message. Sometimes it says, “We did not think of you.” Sometimes, more cruelly, it says, “We thought of you, but you were not worth the expense.”
What does that message do to a child’s heart?
Imagine a girl with cerebral palsy watching other children rush into a school assembly while she waits outside for someone to carry her over the steps. Imagine her learning, year after year, that she must be grateful for help rather than entitled to access. Imagine how quietly a society can teach someone to apologise for existing.
On 3 October 2026, at GlowingStar Empowerment Initiative and Development’s World Cerebral Palsy Day commemoration in Bukuru, I delivered a keynote titled Beyond Therapy: Seeing the Whole Person, Not Just the Condition. Its central argument was simple: a person has cerebral palsy; cerebral palsy does not have the person.
A diagnosis is information, not identity. Therapy is necessary, valuable and sometimes life changing. But therapy is supposed to be a bridge into life, not the whole landscape of living. Beyond treatment are friendships, classrooms, jobs, ambitions, relationships, leadership, laughter, choices and dreams that deserve room to breathe.
We can celebrate a child’s progress in therapy while failing that same child at the school gate. We can praise a parent’s devotion while exhausting that parent with inaccessible transport, expensive care and the endless labour of explaining why their child deserves a chance. We can call ourselves compassionate while our architecture remains indifferent. At the commemoration, parents spoke of stigma, costly therapy and limited support. Their courage was unmistakable, but courage should not be the currency families must spend to secure ordinary human rights.
That was why I argued that admission is not inclusion. Allowing a child through the gate means little if the classroom, teaching methods, toilet, playground or attitudes inside still tell that child to remain on the margins.
And communication must never be confused with intelligence. When someone speaks differently or needs more time, our responsibility is neither impatience nor pity. Ask. Then wait. Listen without finishing their sentences. A human voice does not lose its authority because it travels by an unfamiliar route.
I returned to Grace’s story and noticed how practical her demands were: sensible ramps and handrails, usable toilets, safe pathways, accessible transport, clear signage, Braille, captions, audio information and regular audits. It called for architects, officials and contractors to understand universal design, and for people with disabilities themselves to help plan and evaluate the spaces they use.
Nothing about us without us. That principle is not a decorative language for conferences. It is what stops a well-meaning official from installing a ramp that is too steep, or declaring a school inclusive without asking the students to navigate its corridors.
Nigeria has legal commitments against disability discrimination. Yet a law that cannot travel from the statute book to a bus stop, hospital, workplace or classroom remains a promise stranded on paper. Rights should not require influential relatives, public sympathy or a viral photograph before anyone honours them.
Sometimes, as I said in that keynote, society needs therapy. Our buildings need rehabilitation. Our policies need rehabilitation. Our assumptions, professional habits and careless language need rehabilitation. We must stop asking only how a person can adapt to a hostile environment and begin asking why we made that environment hostile.
I keep thinking about Grace, my newfound friend. As she shared recommendations, their moral weight was larger than the suggestions itself. She reminded me that inclusion often begins when someone refuses to look away from what everyone else has learned to step over. It begins with the uncomfortable decision to measure progress not by the elegance of our speeches, but by who can actually enter the room.
The lawyer in the story wanted to sell the well while keeping its water hostage. Too often, our society offers people with disabilities belonging without access, opportunity without accommodation, dignity without choice. Then it calls every concession generosity.
But the water was never ours to withhold.
Every child deserves more than survival. Every caregiver deserves more than exhaustion. Every adult with a disability deserves the freedom to work, love, contribute and belong without performing gratitude for rights already theirs. The purpose of inclusion is not to make people feel fortunate to be tolerated. It is to build a country where nobody must beg to be considered human.
So, Grace, thank you for disturbing our comfort with something as unromantic, and as revolutionary, as sharing your story with me. May we answer it with budgets, redesigned spaces, enforced standards and genuine listening. May the next child approaching a public doorway find no argument waiting there, only an opening.


