THE JUDICIARY AND ELECTORAL ADJUDICATION IN NIGERIA

Omagbemi-Ariko Mercy(1),


(1) Faculty of Law, University of Delta, Agbor, Delta State.
Corresponding Author

Abstract


This paper interrogates the entirety of the judiciary and the way and manner electoral cases brought before it are handled and ultimately adjudicated upon.It also examined some electoral cases which are brought before the judiciary and the eventual outcome of those cases. The paper found amongst other things that the judiciary is an important arm of government which is saddled with the responsibility of adjudicating on these electoral matters. The paper also found that there are legal frameworks upon which every electoral case must fall on or be relied upon for a fair judgment to be given. It also observed that the role of the judiciary in determining electoral outcome is constitutionally and statutorily provided for.The paper however observed that in carrying out this function, there are however some challenges faced by the judiciary such as pressures from political parties and other interferences.The paper argued that powers bestowed on the judiciary to adjudicate elections are allegedly being misused by the courts hence theslogan‘go to court’ where the verdict is in one’s favour. The paper recommends amongst other points that the Independent National Electoral Commission should be the final bus stop of elections where it conducts free and fair elections and not the judiciary.  

Keywords


Election, Democracy, Judiciary, Adjudication

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