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Journal of Law, Policy and Globalization wwi
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.118, 2022 iE
A Legal Evaluation of Nigeria's Electoral Jurisprudence
Victor Nonso Enebeli, PhD*
David Chibuike Njoku**
Abstract
The practice of conducting elections in Nigerian politics dates back to Pre-Independence particularly, after the
enactment of the Clifford Constitution of 1922. After Nigeria's independence from British colonial rule in 1960,
the Nation prides herself as a democratic Nation regardless of the 13 years of military interference. This, she
tends to demonstrate by conducting periodic Elections every four years to select leaders. This exercise is made
possible by virtue of the existence of some legal frameworks which set Electoral modalities and guidelines for
effective electioneering. Some of these laws as will be expansively discussed in chapter three of this research
established INEC and empowered it to function as the main Electoral Umpire; and also, at most one independent
Electoral Commission in each state of the Federation. These laws laid down rules and regulations guiding the
activities of these Electoral Bodies and candidates prior, during and after the Elections. The 1999 Constitution
for instance recognizes the existence of INEC and its functions, saddled it with some responsibilities and made
provisions for qualifications, disqualification and tenures of candidates. It suffices to say that the coffers of the
Nation is seriously affected each time Election is to be conducted given that the exercise is capital intensive. In
spite of the money spent, the deafening echoes of unfree, unfair and incredible Election keep reverberating
throughout the nooks and crannies of the country. There have been allegations that most, if not all of Nigerian
Electoral experience is characterized by broad day light rigging, favoritism, ethnicity complicity by Electoral
Umpire, thuggery, intimidation using State and non-state actors. What this ultimately show is sheer non-
compliance with these laws. In any case, it is believed, that is the reason our courts are inundated with countless
Electoral Petitions. The Courts have never failed in their roles of shaping the Nigerian democractic and political
landscape, using judicial powers and pronouncements, especially where there exist an area not covered by law.
Conclusively, this research recommends the implementation of the 2008 Uwais Electoral Reform Committee
Report.
Keywords: Legal, Election, Jurisprudence, Nigeria
DOI: 10.7176/JLPG/ 118-01
Publication date: February 28th 2022
1.0 Introduction
The world is fast moving from the government of institutional monarchy and archaic oligarchy; to a liberal
democracy. Most Countries all over the world, Nigeria inclusive, practice democracy one way or the other. It's
this democracy that enables the governed to have a say in the scheme of things, thus being the architect, the
ultimate determinant of who would or who wouldn't be. Since it's not possible for every citizen to be directly
involved in governmental affairs of his/her country, at the same time; it then means that they should be able to
air their views through delegated representatives. This is a necessary condition for obtaining the consent of the
governed in any authority.1 Democracy enables the ruled to choose who rules over them and superintend the
collective resources and powers of the state. The process through which the above discussed choice is made
possible is through periodic Elections. The above establishes that there is an organic link between democracy
and elections. For this linkage to be productive, it has to meet certain essential conditions. These conditions
include: the people have to be empowered to make political choice without hindrance, and the political
atmosphere under which this choice is made should be free from threat, intimidation and manipulation. Nigeria
being a democratic Nation has carried out quite a number of Elections and is set to carry out another as 2023
draws close, and there is mixed feelings as to whether the conditions outlined above will be met. Laws being the
framework upon which any phenomenon or factor is premised, was developed to ensure the free and fair conduct
of Elections in Nigeria, and this long essay aims at reviewing these laws and how effective they have been in
taming the menace of Election Malpractice and Electoral Irregularities. Nigeria has had a chequered history of
electoral crises starting from the very first republic. Thus, it became imperative for the Nation Nigeria to make
some laws that will moderate the Electoral Processes in Nigeria and at the same time curb Electoral Violence.
The current clamour is for the National Assembly to tilt the pendulum towards the side of electronic voting. This
long essay aims at giving a critical appraisal of these laws in order to see how they can be improved to guarantee
* Victor Nonso Enebeli, Esq. LLB(Hons)(London Met), LLM & PhD(Coventry), B.L.,(Abuja), MCIArb (UK), Lecturer, Faculty of Law,
Rivers State University, Port Harcourt, Rivers State. Email Address: victorenebe ahoo.co.uk. Phone No: 09020176657
** David Chibuike. Njoku, Esq. LL.M (RSU) in-view; BL (Abuja); LL.B (UK); Dip-in-Law (UK), ACIArb (UK) Senior Associate Tuduru
Ede, SAN & Co. Port Harcourt, Rivers State, Nigeria. Email address: david.chibuike22@yahoo.com 08065357894, 08052339985
' Umar A. Dubagari, 'The rule of Law and Electoral Process in Nigeria: A critical Reflection', [2017] (6) (6), Global Journal of
Interdisciplinary Social Sciences.
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