e-sRC

CHAPTER ONE

INTRODUCTION

Background to the Study

            Elections by the very fact that they involve the electorate making a choice between two or more candidates inherently lead to disputes and where not properly managed, the disputes can lead to election crisis.¹ Election disputes reflect a struggle between two opposing principles, aims, ideologies, manifestos and interests and they often arise from perceived injustice or the politicians’ vaunting ambition either to remain in power despite their seeming unpopularity or to acquire forcibly, by desperately pushing popular incumbents out of office.² Unfortunately, from Nigeria’s political history, it has been observed that the country has been unable to satisfactorily and effectively manage the conflicts that ensue from elections as litigation is fast losing its viability as a means of resolving election disputes.³ It is on this backdrop, this study examines the Nigerian judiciary impact on post-election litigation in Nigeria, from 2000 to 2023.

            Election dispute refers to any complaint, challenge, claim or contest relating to any stage of the electoral process. Therefore, election disputes can be defined as conflicts, disagreements or controversies arising from or in connection with an election, that are usually but not always resolved through lawsuits.⁴ Disputes are a common occurrence in elections as those who lose will sometimes, and very often in Nigeria, challenge the winners.⁵ The frequent challenges of the outcome of elections in Nigeria is because in most African countries (including Nigeria), the voting process is usually riddled with accusations and counter-accusations of fraud, irregularities and violence exacerbated by the lack of credible legal instrument or mechanism for the aggrieved parties to resolve issues arising from electoral disputes.⁶ Election disputes are caused by a number of factors. These include the manipulation of resources by political parties to gain advantage or interest; distortion of basic societal and ethical values by political interest groups; psychological manipulation of vulnerable group(s) to carry out electoral violence; abuse of an election process by the Election Management Body (i.e. Independent National Electoral Commission) poor communication to the voters that affect the legitimacy of the process; and the influence of the ruling party or government to the credibility of the elections.⁷ The peculiarity of Nigeria’s electoral disputes stems from the pandemic and endemic social malaise ranging from ethnicism, corruption and thuggery, while the notoriety arises from the public involvement and interest in elections and their outcome.⁸ As opposed to other legal disputes, the public are not only interested in the outcome of election petitions; they predict the decisions of the courts and tribunals particularly when they participated in the electoral process.⁹

Aim and Objectives

            The aim of the study is to examine the post-election litigations and judicial integrity in Nigeria’s fourth republic; while the objectives includes

1. To examine the concept and purpose for election in Nigeria.
2. To examine the causes Election litigation in Nigeria.
3. To examine the manifestations of post-election litigation in Nigeria.
4. To examine the challenges associated with election litigation in Nigeria.

Scope of the Study

            The study will cover the effects and impact of post-election litigation on Nigeria democracy from 2000 to 2023. The reason for this period is to cover courts’ involvement in the electoral process and their impact on improving election quality in Nigeria under the forth republic. The study will also cover the post-election litigations and judicial integrity in Nigeria’s fourth republic.

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