THEORIES AND HISTORICAL EVOLUTION OF SUBSTANTIAL COMPLIANCE DOCTRINE IN ELECTION PETITION CASES IN NIGERIA

Abstract

Substantial compliance doctrine in election petition cases in Nigeria emphasizes that the courts must look at the overall effect of non-compliance before annulling an election. This doctrine is provided for under section 135(1) of the Electoral Act 2022 which provides that an election shall not be liable to be invalidated by reason of non – compliance with the provisions of this Act if it appears to the Election Tribunal or Court that the election was conducted substantially in accordance with the principle of this Act and that the non – compliance did not affect substantially the result of the election. The problem of this doctrine is that there is nowhere in the Electoral Act where the doctrine of substantial compliance was defined. This doctrine has presented several problems and challenges in Nigeria, particularly in the context of determining what constitutes “substantial” non-compliance. These challenges often involve judicial discretion, inconsistent interpretations, and potential for abuse. As a result of this development, there is need to focus more on the theories and the historical evolution of this doctrine to enable the stakeholders in the justice sector to fully appreciate the doctrine for easy implementation. In this article, the writer is focusing his search light on the theories and historical evolution of substantial compliance doctrine in election petition cases in Nigeria. This article is aimed at opening a flood gate for more robust discussions on the topic. This will definitely enhance Nigeria’s democratic journey.