Section 138 - Grounds of petition

(1) An election may be questioned on the grounds that the -

(a) election was invalid by reason of corrupt practices or non- compliance with the provisions of this Act; or

(b) respondent was not duly elected by majority of lawful votes cast at the election.

(2) An act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election.

(3) Where the court makes a determination that an election is being questioned by a political party or candidate on grounds outside of those provided for under subsection (1), the court shall impose penalties of not less than ₦5,000,000 on the counsel and not less than ₦10,000,000 on the petitioner.