CHALLENGING ELECTIONS IN NIGERIA AND THE ROLE OF THE APPELLATE COURTS

Abstract

Election is the act of choosing or electing people who will take over the control of the affairs of an institution, be it a government institution or any organization. Some elections matters are regarded as pre-election while others are post-election. Matters emanating from elections are special, different and distinct from other matters, civil or criminal. Appeals from such election matters go to the superior courts ie, the Court of Appeal and the Supreme Court depending on the category of the status of the election being questioned, just as it is with normal civil and criminal matters. However, appeal in election causes differs a bit as not all matters gets to the apex court. Appeal is a constitutional right of an individual who feels dissatisfied with the decision of a lower court in both normal civil matters and electoral matters. This study is of the utmost view that election matters ought not to linger to appellate courts so as to orchestrate quick dispensation of justice in such matters but again the litigants’ rights might be trampled upon should they be denied their rights of appeal. This article examined the eligibility to of parties to institute election matters, grounds upon which such matters or causes can be instituted, the role of the appellate courts in election matters in Nigeria and its consequences. This work concluded that litigants in election matters have constitutional rights of appeal but that such rights should be tamed by the constitution in order to avoid the long period of litigation in election matters same being sui generis. It is recommended amongst other things that the qualification for contesting elections into the office of the President, Vice-President, Governorship and deputies, Senate and House of Representatives, House of Assembly and Local Government Chairmen should be First Degree; civil and public servants and political appointees should be allowed to contest elections provided they resign 90 days to the elections; there shall be established a special Tribunal and Appeal Tribunal for pre and post elections, etc.  And it is hoped that the few recommendations preferred at the end of this work would go a long way to reducing the nagging problems associated with electoral matters in Nigeria.