Pre election matters regular courts vs election petition tribunals

In many countries, including Nigeria, there are two types of courts that handle pre-election matters and election petitions: regular courts and election petition tribunals. Here's a brief overview of each:

Regular Courts

Regular courts, also known as High Courts or Superior Courts, are the traditional courts that handle a wide range of civil and criminal cases. In the context of pre-election matters, regular courts may hear cases related to:

  1. Pre-election disputes: These may include disputes over party primaries, nomination of candidates, and other pre-election issues.
  2. Injunctions: Regular courts may grant injunctions to restrain parties from taking certain actions that may affect the election process.
  3. Interpretation of electoral laws: Regular courts may interpret electoral laws and regulations, including the constitution, electoral acts, and regulations.

Election Petition Tribunals

Election Petition Tribunals, on the other hand, are specialized courts that are established specifically to handle election-related disputes. These tribunals are usually set up by the electoral commission or the government to handle disputes arising from elections. Election Petition Tribunals may hear cases related to:

  1. Election petitions: These are petitions filed by candidates or political parties challenging the outcome of an election.
  2. Disputes over election results: Tribunals may hear disputes over the validity or accuracy of election results, including allegations of fraud, irregularities, or malpractices.
  3. Disputes over candidate eligibility: Tribunals may hear disputes over the eligibility of candidates to contest an election, including challenges to their nomination or qualification.

Key differences between regular courts and election petition tribunals:

  1. Jurisdiction: Regular courts have general jurisdiction over all types of cases, while election petition tribunals have specialized jurisdiction over election-related disputes.
  2. Procedure: Election petition tribunals often have specialized procedures and rules of evidence that are designed to expedite the hearing of election-related disputes.
  3. Timeliness: Election petition tribunals are often required to hear cases quickly, as the outcome of an election may be affected by delays.
  4. Expertise: Election petition tribunals may have judges or members with specialized knowledge of electoral law and procedure, which can be beneficial in complex election-related disputes.

In Nigeria, for example, the Electoral Act 2010 established the Election Petition Tribunals to handle election-related disputes. The tribunals are composed of three members, including a chairman, who are appointed by the Chief Justice of Nigeria. The tribunals have the power to hear and determine election petitions, including disputes over election results, candidate eligibility, and other election-related issues.