This study, “A CRITICAL APPRAISAL OF ELECTION LAWS IN NIGERIA” contains concise information that will serve as a framework or guide for your project work. The project study is well-researched for academic purposes and are usually provided in complete chapters with adequate References. Keywords: A CRITICAL APPRAISAL OF ELECTION LAWS IN NIGERIA
ABSTRACT The electoral process is a total process that includes registration of voters, identifying the political parties to be voted for, voting, counting of votes, and declaration of election results. This process is the foundation of civil societies. A strong civil society is vital and needed to serve as the bedrock of a stable democracy. It represents the reservoir of resources — political, economic, cultural, and moral — to complement and, when necessary, to check the power of the state. A dynamic and diverse civil society directly stimulates social and political participation, increasing the involvement and commitment of citizens and promoting an appreciation of the obligations, as well as the rights, of citizenship. By providing many potential avenues for political, economic and social expression, a society with a rich associational life gives people a stronger stake in the social order. This in turn, creates a climate within which mutual respect, tolerance, negotiation, and compromise actually make sense, and flourish. Nigeria claims to be democratic and seeks to prove that under the banner of representation and multi-party political systems. Elections are used as a means by which representatives and policies are decided. The choice between political parties or individual candidates is made through elections. It should be noted that the public function implies elections. This electoral process is the peaceful transfer of power and legitimate exercise of authority. It demands active, broadbased citizen participation. It is the election that actually determines who shall wield power for a number of years as specified by the constitution. An electoral system may be defined as a process in which the mode of coming to power or the change of government is decided in a particular country at a given time. This paper is going to examine the development of several election laws that has been developed and the progression of the laws . TABLE OF CONTENTS ABSTRACT TABLE OF CONTENTS TABLE OF CASES TABLE OF STATUTES LIST OF ABBREVIATIONS CHAPTER ONE GENERAL INTRODUCTION 1.0.0 INTRODUCTION ONE 1.1.0 BACKGROUND TO THE STUDY 1.2.0 OBJECTIVES OF THE STUDY 1.3.0 FOCUS OF THE STUDY 1.4.0 SCOPE OF THE STUDY 1.5.0 METHODOLOGY 1.6.0 LITERATURE REVIEW 1.7.0 DEFINITION OF TERMS 1.8.0 CONCLUSION CHAPTER TWO HISTORICAL FRAMEWORK OF ELECTORAL LAW IN NIGERIA 2.0.0 .INTRODUCTION 2.1.0. HISTORICAL BACKGROUND OF ELECTION LAWS IN NIGERIA 2.2.0. THE POST INDEPENDENCE POLITICAL SETTING 2.2.1. THE FIRST REPUBLIC 2.2.2. THE SECOND- THE FOURTH REBUPLIC 2.3.0. PROGRESSION OF POST COLONIAL LAWS 2.4.0. NATIONAL ASSEMBLY, GOVERNORSHIP, HOUSE OF ASSEMBLY ELECTION PETITIONS UNDER THE 1999 CONSTITUTION 2.4.1. PRESIDENTIAL ELECTION UNDER THE 1999 CONSTITUTION 2.5.0. CONCLUSION CHAPTER THREE MAJOR ISSUES IN ELECTORAL LAW-INTRA-PARTY DISPUTES AND JUSTICIABILITY , QUALIFICATIONS AND DISQUALIFICATIONS. 3.0.0. INTRODUCTION 3.1.0.LEGAL STATUS OF A POLITICAL PARTY 3.1.1.CONSTITUTIONAL FRAMEWORK FOR POLITICAL PARTY RULES AND REGULATIONS 3.1.2. JUDICIAL APPROACH TO INTRA PARTY DISPUTES 3.2.0 QUALIFICATIONS AND DISQUALIFICATIONS 3.3.0 CONCLUSION CHAPTER FOUR ELECTORAL LAW REFORM 4.0.0.INTRODUCTION 4.1.0. EVENTS THAT LED TO THE REFORM 4.1.1. THE ELECTORAL REFORM COMMITTEE 4.2.0. A REVIEW OF THE ELECTORAL ACT 2010 AS GAZETTED 4.3.0. PROPOSED AMENDMENT OF THE ELECTORAL ACT 2010 4.4.0. CONCLUSION CHAPTER FIVE GENERAL CONCLUSION 5.0.0. CONCLUSION 5.1.0. RECOMMENDATION BIBLIOGRAPHY ARTICLES ON THE INTERNET BOOKS TABLE OF CASES NIGERIA ● Abdul Kadir v Mamman (2003)FWLR (Part 170) 1353; (2003)14NWLR(Part 839)1 ● Adeleke & ors v Oyo State House of Assembly & Others (2007)All FWLR(Part 345)211;(2007)All FWLR (Part 353)3 ● Adisa v Olayiwola (2006)6 SC(Part II)47 ● Anselem Onejeme v Hon (Mrs)Euchari Azodo & Others(2005)All FWLR(Part 261)365 ● Aregbesola & Others v Oyinlola & Others Reported in the Daily Champion ,2nd November,2010,pg10 ● Attorney General of Abia State and 35 Others v Attorney General of Federation(2002)6NWLR(Part 763)264 ● Attorney General of the Federation v All Nigerian Peoples Party(2003)15NWLR(Part844)600 ● Barrister Vincent Osakwe v INEC & Others(2005)All FWLR(Part 261)325 ● Chukwu v Icheonwo (1999)NWLR(Part 600)587,596 ● Dalhatu v Turaki (2003)FWLR(Part 174)247;(2003)15NWLR(pt.843)310 ● Hon P.C Onuoha v Chief R.B.K. Okafor & Others(1983)SCNLR244 ● INEC v Musa [2003] 10 WRN 1 at 40-41 ;(2003) NELR PT. 806, 72 ● Mimiko v Agagu Reported by the Court of Appeal in CA/EPT/342A/08 ● Nwachukwu v Eneogwe(1999)4NWLR(PART600)629 ● Ojukwu v Onwudiwe(1984)1SCNLR247 ● Ogboru v Uduaghan ● Shodeinde v The Registered Trustee of the Ahmadiya Movement in Islam(1980)1-2 SC 225 UNITED STATE OF AMERICA ● Baker v Carr 369US 186,82 ● Flast v Cohen 392 US 83,88 Sct.. 1942 20 LED 2nd 947 ● Powell v Mc Comark , 395 US 486 ,89 Sct (1944)L. ed. 2nd 491 ● Westberry v Sanders 376 US 1710 TABLE OF STATUTE NIGERIA ● African Charter On Human and Peoples’ Rights(Ratification and Enforcement)Act. Cap 10 Laws of the Federation,2004 ● Constitution of the Federal Republic of Nigeria (Promulgation) Decree No 24,1999 ● Electoral Act 1982. Cap 15,Laws of the Federation 1990 ● Electoral Act 2010 ( As gazetted) ● Electoral Reform Committee Report,Volume One,2010 ● Local Government Elections Decree No.7 of 1997 ● Local Government (Basic Constitutional and Transitional Provisions)Decree No.36 of 1998 ● National Assembly (Basic Constitutional and Transitional Provisions)Decree No.5 of 1999 ● Presidential Election (Basic and Constitutional and Transitional Provisions) Decree No.6 of 1999. ● State Government(Basic Constitutional and Transitional Provisions)Decree No. 4 of 1999 ● State Government (Basic Constitutional and Transitional Provision) Decree No 50 of 1991 ● Transition to Civil Rule(Political Programme) Decree No.34 of 1998,Political Parties(Registration and Activities) Decree No.35 of 1999 ● Transition to Civil Rule (Political Parties Registration and Activities) Decree of 1991 ● Transition to Civil Rule (Political Parties Registration and Activities) Decree of 1991 TABLE OF TREATIES ● African Charter on Human and People’s Right LIST OF ABBREVIATIONS ● AC Action Congress ● All FWLR All Federation Weekly Law Report ● CJ Chief Judge ● CJN Chief Judge of Nigeria ● EC8A Statement of Result Forms ● EC8B Summary of Result Forms ● FEDECO Federal Electoral Commission ● FWLR Federal Weekly Law Report ● FSC Federal Supreme Law Report ● INEC Independent National Electoral Commission ● IBID Ibidan ● JCA Justice of the Court of Appeal ● JSC Justice of the Supreme Court ● LP Labour Party ● NEC National Electoral Commission ● NBA National Bar Association ● NRC National Republican Convention ● NWLR Nigerian Weekly Law Report ● PCA President of the Court of Appeal ● PRP Peoples redemption Party ● PDP Peoples Democratic Party ● PW2 Prosecution Witness (Second) ● STARE DECISIS Stand by Past Decisions ● SDP Social Democratic Party ● SC Supreme Court Report ● SCNLR Supreme Court if Nigeria Law Report ● SCNJ Supreme Court of Nigeria Judgements ● US United States CHAPTER ONE GENERAL INTRODUCTION 1..0.0: INTRODUCTION Elections have become the most acceptable process of changing leadership in any given political system in the present day. The Black’s law dictionary defines election as the process of selecting a person to occupy a position or office, usually a public office.1 Another definition is the one which defines election as the act of selecting someone or something; the exercise of deliberate choice.2 Election is the cornerstone of democracy and it is essentially a contest for the votes of adult members of the society by aspirants to political office. It is worthy of note however that the concept of elections is quite recent in the history of man as it can be traced to the emergence of democratic government. Professor W. Phillips in his book, power and choice; an introduction to political science said: ‘In the long swing of the history, elections with broad mass participation are rather new. Such elections originated with democratic government, which means that they came along at the end of the eighteenth century and the beginning of the nineteenth. Today, elections are widespread around the world, even though a number of world’s states are not democracies’3 1 Blacks’ Law Dictionary, Seventh ed. p.536 2 WordWeb Dictionary (Electronic Dictionary) 3 Prof. W. Phillips Shivelly,Power and Choice;An Introduction to Political Science(Us Mc Graw,2003)p.253 16 From the foregoing, it is clear that elections and democracy are intertwined, it is therefore appropriate to touch on democracy which can be defined as a form of representative government based on the consent of the people. Jimmy carter, former president of United States said Democracy is like the experience of life itself-always changing, infinite in its variety, sometimes turbulent and all the more valuable for being tested 4 The principal medium for translating the people’s consent into government authority is the holding of free and fair elections. However, history has shown that it is usually difficult to hold free and fair elections, even the united states, which is the model for other democracies was faulted in the year 2000, when the elections that led to the victory of president bush was alleged to be marred by irregularities in the state of Florida. In Nwachukwu vs. Eneogwe;it was held that : Once an election is found, substantially, not to be free and electorate, either by violence or intimidation, has not been allowed freely to cast their votes, the election where such has occurred, ought to, and must be nullified and a fresh one conducted5 Nigeria has had its fair share of electoral disputes, the presidential and governorship elections of 1999, 2003 and 2007 were reported to be marred by irregularities in vote tabulation and reporting of results by both foreign and local observers. Electoral law is that branch of law that seeks to regulate the electoral system which ranges from voters’ registration, political parties registration to collation of results. According to 4. Jimmy Carter, Former President of the United State
Keywords: A CRITICAL APPRAISAL OF ELECTION LAWS IN NIGERIA
|
