INDEPENDENT NATIONAL ELECTORAL COMMISSION AND THE COURTS: A REVIEW OF COURT’S ATTITUDE IN PRE-ELECTION MATTERS TOWARDS SUSTENANCE OF CONSTITUTIONAL DEMOCRACY IN NIGERIA

Abstract

The Independent National Electoral Commission (INEC), is saddled with the responsibility of conducting free, fair and credible elections in Nigeria. INEC was established to hold elections in Nigeria and uphold democracy and democratic values. The Courts, on the other hand, represent the judiciary in Nigeria with the core function of the interpretation of the law and dispensation of justice in accordance with the law. The role of Independent National Electoral Commission (INEC) is investigated together with roles and attitude of the courts in sustenance of electoral democracy in Nigeria is reviewed through the cases. To achieve the objectives, the doctrinal methodology of research was employed while data were garnered from both primary and secondary sources. It was discovered that interference and favouritism, reliance on technicality, as well as non-respect to party’s constitution and the Electoral Act by both INEC and the courts are the banes of electoral democracy in Nigeria. This study recommends non-interference, respect to the provisions of the Electoral Act as well as neutrality of both INEC and the courts in dealing with issues pertaining to elections in Nigeria.