7 J.L. Pol'y & Globalization 1 (2012)

handle is hein.journals/jawpglob7 and id is 1 raw text is: 






Journal of Law, Policy and Globalization                                                         www.iisteo.Mg
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol 7, 2012


  Expeditious Trial of Election Petition under the Nigerian Electoral


                 Act, 2010 (as amended) A Myth or Reality?


             S.M. Olokooba, B.A, LL.B, P.G.D.E., (Unilorin), LL.M (Ife), BL. (Corresponding author)
  Lecturer and former coordinator in the Department of Business Law, Faculty of Law, University of Ilorin, Ilorin,
                       Nigeria. 08066767646, E: Mail: - sakaskydlaw2002@gmail.com

                                     J.O.Olatoke, LL.B, BL, LL.M, Ph.D.
Lecturer in the Department of Jurisprudence and International Law, University of Ilorin, Nigeria and onetime special
          adviser to the Attorney General of the Federal Republic of Nigeria on litigation. 08037116839,
                                     E:Mail:-kayode-olatoke @ yahoo.com
Abstract
Electoral process in Nigeria is generally characterised and fraught with fraudulent practices. Majorly amongst the
fraudulent antics in the Nigerian politics are rigging of election and time wasting in getting legal redress in the court
of law or in the election tribunals. In an effort to check this ugly menace, the Nigerian National Assembly enacted
the 2010 Electoral Act with special provision on election time-line for voting, counting, and declaration of results as
well as getting redress in court through expeditious trial. Unfortunately, the just concluded 2011 general election in
Nigeria was still fraught with fraud and un-abated delay in getting redress in court. This paper therefore examines
the reality or otherwise of the expeditious trial provisions in the Electoral Acts 2010. Due to the situation on ground
and the 2011 election experiences in Nigeria, the paper argues that the expeditious trial provision in the Act is a myth
rather than reality. Thus, the paper proffers some solutions to aid the practicability and/or reality of the expeditious
trial in the 2010 Electoral Act in Nigeria.
Keywords: Expeditious Trial, Election Petition, Nigeria Electoral Act, 2010, Myth, Reality

1.Introduction
The global rave of the moment in terms of government is democracy  North or East, South or West, the clamoring
now is the government of the people, formed by the people, to run the affairs of the people. Democracy is today
considered as the most desirable form of government and man's best idea on earth for governance (Jacob: 2010:22).
Democracy is the government by the people either directly or through representatives (Bryan, 1999:444).
Democracy is an institution of governance, which envisages a popular government as practiced in ancient Greece
from where it derived it name. It emphasised the rule of the people in the sense that sovereign power is exercised
by the people even if it is only indirectly (Olasupo, 2010:23). Through democracy, people are able to freely
exercise their franchise devoid of any hindrance for whoever they prefer to govern them. Democracy is
characterised with voting in a free and fair process called election.

Since independence in1960, Nigeria has made some attempts towards the institutionalization of democratic rule and
these attempts have had a lot of setbacks (Toryina et. al.:2010:9). After independence, an elected government was
established and was toppled six years after giving way for a military regime which lasted for fourteen years. In
1979, the second republic was instituted which lasted until 1983 bringing in another military regime which lasted for
sixteen years (Toryina et. al., 9). However, on May 29, 1999, Nigeria re-joined the clique of democratic nations
through general election on pomp and pageantry with hopes of establishing a peaceful democratic polity (Olatoke
and Olokooba, 2012: 22). The term Election is The process of selecting a person to occupy a position or office,
usually a public office (Bryan: 536). In the cases of OJUKWU v.YAR'ADUA (2009) 12 NWLR (pt 1154)50 at 150
Paragraph E and A.P.G.A.V.OHAKIM (2009) 4NWLR (PT.1130)116 at 176 Paragraphs C-F, the term election was
elaborately defined in the following ways
               ...an election constitutes accreditation, voting, counting of votes, collating at
               ward and Local Government Council and announcement of votes. Voting alone
               or voting in a unit does not constitute whole election

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