A CRITICAL APPRAISAL OF THE ELECTION PETITION TRIBUNALS IN NIGERIA, EBONYI STATE AS A CASE STUDY



ABSTRACT
Election is a multi facet challenge in Nigeria. Military incursions into political governance, tribalism corruption and apathy have deepened the electoral challenges confronting the ration. Today, there is no doubt that election petitions have become an intrinsic part of our democratic settings and structure. This is because disputes and grievances are bound to arise form the conduct of elections and such  disputes must have to be resolved and determined by competent judicial bodies in order to maintain Law and order in Nigeria society. To achieve this, the constitution in its wisdom has created special adjudicatory bodies, known as election petition tribunal to resolve these disputes.
These include the National Assembly/Legislative House election tribunal, governorship election tribunal   and the Court of Appeal with exclusive jurisdiction on matters pertaining the presidential elections. In Nigeria in general, and Ebonyi State in particular, irregularities arising from the conduct of election have always been challenged by the aggrieved parties. By challenging these irregularities, the results of that particular election may be upheld or reversed by the tribunal responsible to hear and determine such petition. Therefore, since elections in Nigeria are rarely free and fair this paper discusses an appraisal of election petition tribunal in Nigeria using Ebonyi State as case study. In the course of this discussion references will be made to the national Assembly/Legislative house election petition tribunals where the case of PDPV ONWE among other will appraised. Also, to be discussed is the case of UCHA V Elechi under the Governorship Election petition tribunal in Ebonyi State among others. In writing this paper much reliance was placed on the electoral Act 2010 (as amended) which is the principal law on this area of law. Also, we relied heavily on the decisions of tribunals, Court of Appeal and of course the supreme court on election  issues in Nigeria in order to appreciate this topic

CHAPERIZATION

PLIELIMINARY PAGES
Title page
Certification
Dedication
Acknowledgement
Table of contents
Table of cases
Table of status
Abbreviations
Abstract

CHAPTER ONE
GENERAL INTRODUCTION
1.1       Background of the study
1.2       Statement of the problem
1.3       Research questions
1.4       Objectives of the study
1.5       Research Methodology
1.6       The significance of the study
1.7       The scope of the study
1.8       The limitations of the study

CHAPTER TWO
DEFINITION OF TERMS, ORIGIN AND ESTABLISHMENT OF ELECTION PETITION TRIBUNALS IN NIGERIA
2.1       Introduction
2.2       Definition of terms
2.2.1   Election
2.2.3   Tribunals
2.3       Origin of Tribunals in Nigeria
2.4       Establishment of election petition tribunal in Nigeria

CHAPTER THREE
JURISDICITION AND PERFORMANCE OF ELECTION PETITION IN NIGERIA
3.1       Introduction
3.2       Establishment/ Constitutive Jurisdiction
3.3       Subject Matter Jurisdiction
3.4       Parties Jurisdiction
3.5       Performance of Election Petition tribunal in Nigeria: emphasis 
in Ebonyi State.

CHAPTER FOUR   
APPRAISAL OF ELECTION PETITION TRIBUNAL IN NIGERIA: EBONYI STATE AS CASE STUDY.
4.1       Introduction
4.2       The National Assembly/Legislative Home Election Petition Tribunal
4.3       The Governorship election petition Tribunal
4.4       The Local Government Election Petition Tribunal
4.5       Comparison of Ebonyi State and Edo State on Governorship Election Petition Tribunal

CHAPTER FIVE
Conclusion
5.1       Observations
5.2       Recommendations
5.3       Conclusion
            Bibliography 



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