LEGAL FRAMEWORK FOR CONDUCT OF FREE AND FAIR ELECTIONS IN NIGERIA: A JURISPRUDENTIAL OVERVIEW

Abstract

In every democratic nation such as Nigeria, free, fair and credible elections are vital for the economic, social and political development of such a nation. An adequate legal framework has been recognized as a prerequisite for the conduct of free, fair and credible elections. There has been a lot of controversies, irregularities and challenges with the conduct of elections in Nigeria since 1960 till date. These challenges include all manner of electoral offences including poor performance by the electoral body on the dates of elections. These challenges have been recurrent decimal as typified in the elections in Nigeria, particularly in the Fourth Republic: 1999, 2003, 2007, 2011, 2015 and 2019. Indeed, there has always been an attempt after every round of election to amend the legal framework or electoral laws in order to take care of the deficiencies, irregularities and challenges noticed during the previous elections, yet it appears that the problem with the electoral legal framework in Nigeria has defied the solutions proffered so far. Therefore, this paper intends to assess the legal framework particularly the 2022 Electoral Act with view to addressing the previous challenges in the older laws. The methodology adopted in this research is the doctrinal method of research as well as historical method whereof primary, secondary and tertiary sources such as the constitution, case laws, textbooks, journals, newspapers and internet materials were widely consulted. We also adopted the NALT citation guidelines. The research findings show that the National Assembly and National Electoral Commission have made several electoral law reforms over the years to ensure the conduct of free and fair elections, but the laws seem not to be adequate; that the problem of election in Nigeria is not that of inadequacy of laws but their implementation by the stakeholders; that some of the provisions of the extant legal framework on election in Nigeria, do not promote free and fair elections. This research however recommends among other things that, there is need for change of character by Nigerians who try to win election at all cost and by all means; need to punish all offenders irrespective of the position in society and more laws to strengthen the INEC against intrusion by other bodies.