An Introspection into the Emergence of ‘Inconclusive Elections’ from the Electoral Act 2022 and Its Implication on the Nigeria Politics

Abstract

The incidence of inconclusive elections in Nigeria has attracted diverse perspectives in recent times. The significance of this discourse to the consolidation of Nigeria’s democracy cannot be ignored considering its consequential effects on the country’s electoral process. In what seems to be an unusual jurisprudential and political development was the case of John Faleke v Independent National Electoral Commission (INEC) & Anor which posed a peculiar scenario that was unprecedented to the evolution of electoral disputes in Nigeria. In line with the Constitution of the Federal Republic of Nigeria (CFRN), the Independent National Electoral Commission is empowered to organize or undertake and to supervise all elections to key offices including those of the President and Vice President, Governor, and Deputy Governor among others. It is in the exercise of this power that the INEC developed the Electoral Act and Election Manual used for all general elections which authorized the INEC to declare elections inconclusive or to schedule a rerun election where appropriate. Several arguments have arisen as to the constitutionality of the declaration by INEC. The first notorious case was the Kogi State Gubernatorial Election held on November 21, 2015, as an inconclusive election. It is against this background that the paper examines the decision of the Supreme Court in the case of James Faleke v INEC, the provision of the Electoral Act 2022 and Election Manual which affirms the legality of the INEC’s power and the correctness of the declaration of inconclusive election. It argues that the declaration of election as inconclusive is in line with the Electoral Act and the Constitution. The paper further posits the fundamental grounds or conditions upon which an election can be declared as ‘inconclusive.’ However, it suggests that there is a need to carefully thread the path of application of the provisions on inconclusive election in order to avoid a situation where it is being deployed as a manipulative tool for the benefit of the ruling party.