INTERROGATING THE BIGGEST LEGAL AND PROCEDURAL ALBATROSSES TO NIGERIA’S ELECTORAL UHURU

Abstract

This paper restates that Elections are the constitutionally accepted mode of effecting change of Government in Nigeria. It points out they are regulated by various laws and procedural rules found in the Constitution, the Electoral Act and decisions of Courts. It then concedes that on a broad level, diverse factors are responsible for Nigeria’s inability to consistently conduct and attain free, fair and credible elections-These include institutionalized corruption, poor voter literacy levels, institutional weaknesses and even widespread, endemic poverty, amongst others. It then however concerns itself only with those factors preventing Nigeria from attaining a reliable electoral system which relates to the Laws governing Elections and the Courts system, simpliciter. It highlights and examines existing legal provisions cum stipulations considered inimical to the end of true electoral freedom in Nigeria. It also highlights legal lacunae that needs filling to enhance the electoral system whilst also interrogating some rules of practice made under those laws. It then looks at the anomalies of the electoral system through the prism of the Courts and some decisions that they have over time handed down on the electoral disputes submitted before them for their adjudication. Employing the metaphor of an albatross-figuratively standing for a large obstacle and the Swahili concept of Uhuru which translates loosely to Freedom and independence, It charts a direct correlation between legal, judicial and procedural actions, inaction and inadequacies in our system and our broken electoral system, establishing that from a purely legal, procedural and judicial standpoint, these factors discussed herein are responsible for Nigeria’s inability to attain electoral freedom. It notes the increasing role of the Courts in deciding electoral outcomes and decries that it does not bode well for our system. It then ultimately suggests measures, changes and steps that are both necessary and helpful to Nigeria attaining an effective, reliable and optimal electoral system, purely and wholly from that same place of the Law, procedure and the Courts’ adjudicatory framework.