Section 140 - Nullification of election by Tribunal or Court

(1) Subject to subsections (2) and (3), if the Tribunal or the Court, determines that a candidate who was returned as elected was not validly elected on any ground, the Tribunal or Court shall nullify the election and order the Commission to conduct a fresh election not later than 90 days after the -

(a) decision, if an appeal is not filed against the decision; or

(b) nullification of the election by the Court having final appellate jurisdiction in respect of the election.

(2) Where the Tribunal or the Court determines that a candidate who was returned as elected was not validly elected on the ground that he did not score the majority of valid votes cast at the election, the Election Tribunal or the Court, as the case may be, shall declare as elected the candidate who scored the highest number of valid votes cast at the election and satisfied the requirements of the Constitution and this Act.

(3) All objections filed in an election petition shall be determined at the time of final judgment.