THE LEGAL FRAMEWORK REGULATING ELECTIONS IN NIGERIA
1 Department of Public and Private Law, Bingham University Karu, Nasarawa State.
2 Department of International Law and Jurisprudence, Faculty of Law, University of Jos, Jos Nigeria.
3 Counsel at Leo M. Ebi & Co, No 24 Church Street, Behind UBA PLC, Jos, Nigeria.
* Corresponding author: davidgoar66@gmail.com
2 Department of International Law and Jurisprudence, Faculty of Law, University of Jos, Jos Nigeria.
3 Counsel at Leo M. Ebi & Co, No 24 Church Street, Behind UBA PLC, Jos, Nigeria.
* Corresponding author: davidgoar66@gmail.com
Abstract
The process called election would be practically impossible in a non‐
democratic system of government. Democracy is a system of government
where the people rule directly or indirectly through representatives
periodically elected by them through an electoral process. The determinant
factor of the time frame for elections differs due to the distinctive feature
of various electoral systems applicable in different countries. Lincoln1who is
a major proponent of democracy is believed to have given one of the most
comprehensive definitions of democracy. He opined that democracy is a
government “of the people, by the people and for the people. “The
participation and involvement of the people is paramount. Clearly, the
stability of a democratic system is hinged on the fulcrum of credibility and
fairness of elections which are indispensable pillars of sustainable
democracy. Free and fair elections satisfy the innate desires of every
democratic country.
Since Nigeria gained her independence from colonial rule, Nigeria’s
electoral process has been bedevilled by irregularities including political
thuggery, voter intimidation, violence, and electoral fraud committed either
by INEC, Security officials, political parties and their officials or their
supporters. These various acts obliterate the foundations of ideal elections
in a country practicing the democratic system of government. Achieving this
ideal situation will engender having set of laws, rules and regulations
enacted or made to ensure the effectiveness of an electoral process. This
work looks at the various existing legal regulatory framework that are in
place for elections to be truly democratic include; The CFRN 1999 (as
amended), The Electoral Act 2022, INEC Regulation and Guidelines for the
Conduct of Election 2022, The Code of Conduct and Rules of Engagement
for Security Personnel on Electoral Duty, 2020. Etc.
Keywords
Democracy
Elections
Fair and credible
Legal regulatory
Framework.
How to Cite
Goar, D. D., Ekoja, G. O., & Nwune, O. B. (2023). THE LEGAL FRAMEWORK REGULATING ELECTIONS IN NIGERIA. Journal of International Law and Jurisprudence, 8(1), 472-491. https://doi.org/10.68193/jilj.2023.vp2d5uy6
D. D. Goar, G. O. Ekoja, and O. B. Nwune, "THE LEGAL FRAMEWORK REGULATING ELECTIONS IN NIGERIA," Journal of International Law and Jurisprudence, vol. 8, no. 1, pp. 472-491, June 2023. doi: 10.68193/jilj.2023.vp2d5uy6