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A CRITICAL EXAMINATION OF JUDICIAL ATTITUDE TO ELECTION DISPUTES IN NIGERIA 1987-2007

ABSTRACT
The major problem facing the electoral process of Nigeria is the increase in the rate of election disputes each time Nigeria experiments with the process. The several legal instruments and judicial decisions available on the electoral process of Nigeria between 1987 to 2007 have been shown not to be effective in curtailing the ever-increasing nature of election disputes. In the attempt to find lasting solution to the problem, we examined legal instruments and judicial decisions on election disputes in Nigeria and in other jurisdictions using textbooks, law reports and articles in journals on the issues touched. We also gathered information from the Internet and from contemporary issues on election disputes in newspapers and magazines. References were made to several cases on election disputes and the attitude of the Judiciary to the disputes. We have pointed to contradictory decisions of the courts on election disputes with similar facts as one of the reasons for the ineffectiveness of the decisions. We were also able to point out that the National Independent Electoral Commission or the umpires of the electoral process have not met up to the standard of fairness and equity required of them in the conduct of elections in Nigeria. Politicians too have learnt very little from history in view of their over zealousness to hold political power at all cost. In order to explain the above findings, we referred to cases on election disputes right from the preparation of election to its conduct and aftermath. We have been able to point out that the electoral process in Nigeria is sick and faulty in all its ramifications. The reason for this is that the principles of equity and justice that are necessary for a viable elective principle are however lacking under the electoral process in Nigeria. As a result, we posited that the problem the electoral process in Nigeria faces, is human; most operators of the system do not seem to appreciate the need for Justice and Equity during the process of their handling of the electoral process. In view of this, we emphasized the need for all stakeholders in the electoral process to have a changing attitude to the process in line with the principles of justice and equity. We were able to show that based on these principles, a person who did not participate in the voting procedure but who has been unjustly treated can become the Governor of a state even without filing an election petition before an election tribunal as in the Amaechi’s case. These same principles were shown to be in operation in respect of the Governorship victory of Andy Uba in Anambra State. He had to vacate office as the elected Governor of the state in view of the fact that the tenure of the incumbent Governor Obi was held by the Supreme Court not to have expired. The thesis did showed that where the principles of justice and equity are breached, in the hearing of an election petition, a further Appeal to the Apex Court can be allowed even in cases where the court of last resort has determined the issue. If these principles are allowed to form the bedrock of the elective principle, election disputes would be curtailed but they have not been effectively harnessed in ensuring a viable electoral process in Nigeria due mainly to human factors; that is ignoring the moral standards an electoral process requires. Therefore, a case was made in our concluding remarks for the need for all stakeholders under the electoral process to embrace the principles of equity and justice in order to curtail the ever-increasing rate of electoral disputes in Nigeria. However, this should be based on a proper consideration of the relevant electoral laws by the judiciary in order to ensure uniformity of decisions on election disputes. Once these are ensured, they would serve as guide to operators of the system. Where laws and judicial decisions on the elective principle are certain, the process would also be certain and disputes would be minimized.

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