Abstract
Periodic elections are major planks of democracy that has its attendant grievance procedure which ensures that the real consent of the governed is sort and obtained. The origination process in Nigeria is through election petitions, which is sui generis. The appropriate electoral statute and the constitution prescribe the grounds for questioning elections in Nigeria. The essence of this paper therefore is to resolve the apparent conflict as to where to predicate the grounds for questioning elections in Nigeria. Is it the Electoral Act, the Constitution or both in pursuit of electoral justice: Quo vadis?
Highlights
Elections in Nigeria usually throws up volumes of election petitions, which question the validity of results declared by the Independent Electoral Commission (INEC), which is the body responsible for conducting elections in Nigeria
The petitioners in an election petition face several challenges resulting in majority of such petitioners failing for one reason or the other leaving the much majority that fails naturally disappointed with the decisions of the election tribunals
The article argues that the grounds for contesting the validity of an electoral return in Nigeria, being spelt out in the constitution of the Federal Republic of Nigeria (CFRN) are not left to the discretion of the courts nor are they capable of being expanded or constricted by the brilliance of counsel or the prerogative of the judge
Summary
Elections in Nigeria usually throws up volumes of election petitions, which question the validity of results declared by the Independent Electoral Commission (INEC), which is the body responsible for conducting elections in Nigeria. The article argues that the grounds for contesting the validity of an electoral return in Nigeria, being spelt out in the constitution of the Federal Republic of Nigeria (CFRN) are not left to the discretion of the courts nor are they capable of being expanded or constricted by the brilliance of counsel or the prerogative of the judge. We have shown that the grounds for questioning elections in Nigeria are quite clearly stated in the relevant provisions of the CFRN –239(11)(a) and section 285(1)(a) and (2) – and the Electoral Act – 138(1)(a)(b)(c) and (d). It is submitted that a petitioner can predicate his petition under the grounds stipulated in the Electoral Act or under the Constitution or both
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