Where the victory of a party in an election is rendered nugatory as a result of the exercise of administrative powers of the electoral commission, an issue arises as to the appropriate forum for judicial actions. The Electoral Act 2010 and 1999 Constitution of the Federal Republic of Nigeria are both silent on the subject. The Court had an opportunity to determine this issue in Rochas Anayo Ethelbert Okorocha v Independent National Electoral Commission & 7 Ors and thus, had set a precedent in this regard. This paper seeks to highlight the category of post-election issues which confer jurisdiction on the regular court and an Election Petition Tribunal, using the parameter of the landmark decisions of the Court in the case in review. It espouses the propriety of the decisions therein in line with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and judicial precedents.
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UNILAG Law Review, (2020) Volume 4 Edition 1
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