THE ROLE OF INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) IN JUDICIALADJUDICATION OF ELECTORAL DISPUTES IN NIGERIA

Abstract

Since the Independent National Electoral Commission, hereinafter referred to as INEC was established by the Constitution of Federal Republic of Nigeria, 1999 (as amended), this important executive body has been on hot seat and x-ray of the people of Nigeria and the international community. This study considered the role of INEC in judicial adjudication of electoral disputes in Nigeria. INEC is empowered to organize, undertake and supervise all elections to offices of President, vice President, Governor, Deputy Governor, membership of senate, House of Representatives and House of Assembly of each state of the Federation among other functions. The study identified and analyzed the role of INEC as a Respondent or Defendant in judicial adjudication of electoral disputes in Nigeria. The study further identified and analyzed how the role of INEC has impacted on judicial adjudication of electoral disputes in Nigeria. The study adopted the doctrinal method of legal research by examining and analyzing constitutions, statutes, books, views of authors, journal, dictionaries, conference papers, dailies, periodicals, websites etc and inferences were drawn from some selected election petition cases both reported and unreported which showed the role of INEC in judicial adjudication of electoral disputes in Nigeria. The study concluded and recommended that there is need to ensure that INEC should be granted full administrative and financial autonomy, well funded with capacity to prosecute electoral offenders and play its role as Respondent in electoral adjudication. Electoral offenders tribunal should be established to enable INEC fast track the prosecution of electoral offenders. There should be legislative reform mandating INEC to provide certified true copies of results and materials used for conduct of election to parties in electoral disputes adjudication within three days of declaration of result of election. The legal framework should be amended to make INEC share the burden of proof of electoral malfeasance with the petitioner in electoral disputes and it was suggested that there should be constitutional amendment to enable INEC conduct full electronic elections and defence in electoral disputes.