Section 135 - Establishment of Area Council Election Tribunal

(1) There is established for the Federal Capital Territory one or more Election Tribunal (in this Act referred to as “the Area Council Election Tribunal”) which shall, to the exclusion of any other court or tribunal, have original jurisdiction to hear and determine any question as to whether -

(a) a person has been validly elected to the office of Chairman, Vice- Chairman or Councillor;

(b) the term of office of a person elected to the office of Chairman, Vice- Chairman or Councillor;

(c) the seat of a member of an Area Council has become vacant; or

(d) a question or petition brought before the Area Council Election Tribunal has been properly or improperly brought.

(2) An Area Council Election Tribunal shall consist of a Chairman and two other members.

(3) The Chairman shall be a serving Judge of the High Court of the Federal Capital Territory and the two other members shall be appointed from among Magistrates of the judiciary of the Federal Capital Territory, Abuja, not below the rank of Senior Magistrate.

(4) The Chairman and other members of the Area Council Election Tribunal shall be appointed by the Chief Judge of the High Court of the Federal Capital Territory, Abuja.

(5) The Area Council Election Tribunal shall -

(a) be constituted not later than 21 days before the election; and

(b) when constituted, open their registries for business not later than eight days after the election.

(6) An election petition shall be filed within 21 days after the date of the declaration of result of the elections.

(7) An Area Council Election Tribunal shall deliver its judgment in writing within 90 days from the date of filing of the petition.