Among the experimental propositions for the reform of nigerias electoral system and practice is the evoting option. The research work examined the concept of electoral violence as perceived by some analysis of democratic elections. As the current secretariat for the nigeria civil society situation room, policy. Inec organizes the preelection run, controls all the conditions of this period, prepares everything for the voting, and so on. This law library of congress report analyzes electoral law in nigeria, particularly the legal changes introduced in preparation for the 2011 elections. Drafting electoral laws is a critical undertaking and should take care to use plain language where possible and avoid conflicting references, usually, major changes to electoral laws cannot be undertaken if the electoral process is about to begin. Established by the constitution, inec is a juridical person that may sue or be sued in its own name. National register of voters and voters registration. This is a particularly important moment in africas history. Volume 6 no 2 33 33 electoral laws and the 2007 general elections in nigeria e remi aiyede e remi aiyede is a lecturer in and director of postgraduate affairs, department of political science university of ibadan, nigeria. It traced the history of electoral violence in nigeria. Constitution, in the performance of its functions, the electoral commission, shall not be subject to the direction or control of any person, or authority. The nigerian electoral system electoral systems and.
Enacted by the national assembly of the federal republic of nigeriapart iestablishment and functions, etc. Electoral act 2010 this is the electoral act that repealed the previous 2006 act. In this paper, we take a critical look at the evoting proposition and examine its problems and prospects. It witnessed the introduction of several innovations, particularly, the use of card readers in the accreditation of voters and the use of other electronic devices in. Electoral act 2010 ace electoral knowledge network. The independent national electoral commission inec was established by the 1999 constitution of the federal republic of nigeria to among other things organize elections into various political offices in. Supreme court has succeeded in setting bad record in nigerian electoral system as well as encouraging the people to take the laws into their hands during electioneering period.
Strict enforcement and compliance with the electoral laws is practically lacking in nigeria and without it, there will hardly be any success in the entire electoral system see also nwangwu. During this phase, voter and civic education, voter registration, party nominations, and electoral campaigns also take place. Towards the end of 1990, international dynamics, pressures and persuasion combined to move nigeria towards the embrace of a political system based on the global principles of democracy. No wonder elections in nigeria can never be free and fair. In the last years, crucial electoral processes took place or are taking place in a substantial number of countries across africa. From 1999 to date, the nigeria s electoral laws have undergone a metamorphosis of reforms. Boundaries are defined to ascertain voter eligibility. Nigerias electoral laws as harmonized by the national. The process of their registration is regulated by special laws and rules. Electoral laws and monitoring of campaign financing during.
Political office holders seldomly wish to leave office, manipulating the electoral process and subverting electoral laws. Prosecution of electoral fraud under united states federal law prepared by craig c. A critical appraisal of election laws in nigeria project topics. A critical appraisal of election laws in nigeria project. This has been intensified by lack of clear legislation on how political parties should seek funding for their campaigns. Igwe and others published the law and conduct of elections in nigeria find, read and cite all the research you need on. Laws governing elections in nigeria policy and legal advocacy. All actions in nigeria which are instituted for the purposes of challenging the validity of an election or disputing the due return of a candidate must be commenced by a petition. In september, the first election took place in lagos and calabar. Pdf compendium of all lawscategories also available email. Within this volume is the complete reproduction of the legal framework governing elections in nigeria. Concerning election administration in nigeria, the responsibilities of the police are well captured in the 1999 constitution as amended, the electoral act, 2006, electoral amendment act, 2010, the electoral amendment act 2015 as well as the various guidelines of the inec and the police service commission.
The riots in the northern part of nigeria after the presidential victory of the incumbent, president goodluck jonathan, if they widen, could derail. Pdf on oct 1, 2007, emmanuel remi aiyede and others published electoral laws and the 2007 general elections in nigeria. The nigeria electoral laws and automated electoral voting process 1okonigene robert, 2ojieabu clement, 3samuel john and 4agbator austin 1,2, 4ambrose alli university, ekpoma, edo state, nigeria 3covenant university, otta, ogun state nigeria abstract. Election petition is a special proceeding guided by a particular electoral law under which the. The countrys prevailing electoral law is the 2010 electoral act as amended which has been grossly violated in its preceding and present status by the various political actors during the 1999, 2003, 2007, 2011 and 2015 general elections. Although effective supervision of political parties finance is critical to the survival and consolidation of any democracy, the relevant electoral laws in nigeria have not been effectively enforced. The recent 2016 post election crisis in gabon12 that left scores dead seems to shows that electoral violence is an intractable phenomenon on the. The implication perspective frankcollins nnamdi okafor associate professor and head, department of political science, nnamdi azikiwe university, nigeria abstract following the outbursts of violence in previous elections in nigeria, fears have been.
Commission and any other regulations, guidelines, rules or manual issued or made. Nigeria are to be found in the 1999 constitution and in the electoral act. Causes of electoral violence in africa written by ngah. Regulations and guidelines for the conduct of elections. The laws of sierra leone on the sierra leone web the electoral laws act, 2002 82. Citation first schedule second schedule electoral act, 2010 an act to repeal the electoral act no. Pdf electoral laws and democratic consolidation in. If the electoral law is weak, deficient, or poorly enforced, the electoral process will be easily subverted. Lindberg department of political science, lund university, po box 52, lund 221 00, sweden abstract based on an original data set of elections in africa, this article addresses the orthodoxy of theoretical hypotheses regarding the e. However, the conduct of elections in evolving democracy in nigeria is deficient in these cardinal ingredients because of sheer incapacity inherent in such new democracies which barricade adherence to electoral law. This act amends the electoral act, 2010 among other things, to provide for adequate time for the independent national electoral commission to issue notices, receive nomination of candidates from political parties and ensure the proper conduct of political. The independent national electoral commission as established by s. Enacted by the national assembly of the federal republic of nigeria as follows. Amended by electoral laws amendment act 1 of 2019 amended by electoral amendment act 18 of 20 from 26 nov 20.
The nigeria electoral laws and automated electoral voting process. Nigerian electoral act 2011 pdf printed and published by the federal government printer, abuja, nigeria. Oct 14, 2012 the electoral politics is a race or game of competition that involves people of different beliefs, character, thinking andideology, its operation and practice must therefore be guided by law. We are currently conducting a research work that will produce an automated electoral process. Pdf electoral laws and democratic consolidation in nigeria. It also examined electoral violence during governorship elections in 2003 and 2007 with particular reference to anambra state in. The independent national electoral commission inec is the current committee set up to oversee electoral processes in nigeria. The electoral politics is a race or game of competition that involves people of different beliefs, character, thinking andideology, its operation and practice must therefore be guided by law. In preparation for the 2011 elections, nigeria has made various changes to laws governing elections, mainly the electoral act and the constitution. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding.
This act alters the provisions of the constitution of the federal republic of nigeria, 1999 to provide the independent national electoral commission with sufficient time to conduct byeelections and provide grounds for deregistration of political parties. Duty of district returning officer regarding counting of ballots. Electoral laws and the 2007 general elections in nigeria. Additionally, countries with a history of electoral violence often experience a recurrence of such violence, as has been witnessed in kenya, nigeria, and zimbabwe. Rickey tarfa, san,1 introduction prior to the colonial era, the different political units which subsequently made up nigeria had various unique and different ways of appointing their leaders. The objective of this paper was to examine various electoral malpractices and problems in africa, looking critically at suffrage, franchise and elections and the attendant problems as well as the malpractices associated with it. Nigerias elections so far have not live up to expectations due to various forms of electoral manipulations which have denied the country credible free and fair elections in her body politic. Among the changes are steps taken to guarantee the independence of the independent national elections commission inec and to reorganize election tribunals and their powers. The research did not include terrorist attacks by islamic or militant groups with. The texts of the federal criminal laws dealing with electoral fraud that are discussed in this paper are presented in an appendix. The general objective of the paper therefore, is to examine the problems and prospects of the evoting option, in nigerias democracy and in the nigerian electoral process. Election rigging has not only marred democratic consolidation in nigeria. The litmus test for democracy in nigeria will be the extent to which the electoral process through the electoral law instituted, is able to engender fair, participatory, and inclusive electoral participation by the people.
We are currently conducting a research work that will produce an automated electoral process which is. Pdf the law and conduct of elections in nigeria researchgate. It is expected to be sent to the president for assent. In all liberal democracies across the globe today, the electoral laws are enacted to guide the electoral procedures, processes and systems aimed at guaranteeing smooth transition and legitimization of government through free, fair, credible and. An appraisal of precipitating factors in nigeria olayiwola victor ojo m sc political science, university of ilorin, ilorin, nigeria abstract nigerias electoral politics from independence has been tumultuous. The nigeria electoral laws and automated electoral voting. In exercise of the powers conferred by the constitution of the federal republic of nigeria 1999 as amended and the electoral act 2010 as amended, the independent national electoral commission inec herein referred to as the commission issues the following regulations and guidelines for the conduct of elections general. Electoral act 2002 no 4 laws of the federation of nigeria an act to regulate the conduct of federal, state and local government elections and to repeal the electoral act 2001 and for connected purposes 14th day of october 2002 enacted by the national assembly of the federal republic of nigeria as follows. This compendium of laws governing elections in nigeria is put. Such a prohibition aims at preserving political stability and legal certainty. Causes of electoral violence in africa written by ngah gabriel sous dir. S 1, 68, 24, 3334, 5758 amended by general laws loss of membership of na, prov. Electoral laws and credible elections in nigeria project topics.
The guiding principles and regulations of the 2007 general elections in. Included in the volume is the guidelines and regulations issued on 12 january 2019 by the independent national electoral commission inec to guide the 2019 general elections in nigeria. In this article, we will look at highlights of nigerias electoral laws and processes, having already documented a background to what will be the sixth quadrennial elections since the end of military. The electoral regulations that guide nigerian voters. The rule of law and democracy has become the major features of any civilized society, without which such.
This paper therefore attempts a critical examination of law and electoral politics in nigeria. Electoral act, 2010 an act to repeal the electoral act no. Electoral act 2002 no 4 laws of the federation of nigeria an act to regulate the conduct of federal, state and local government elections and to repeal the electoral act 2001 and for connected purposes 14th day of october 2002 enacted by the national assembly of. In 2015, elections brought about the first peaceful transfer of power to africas most populous country, nigeria, but also led to mass civil unrest and instability in burundi. Pdf the electoral process and democratic consolidation in nigeria. Mapping, evolution and patterns june 2006 may 2014 executive summary an analysis of the nigeria watch database for the period between june 2006 and may 2014 revealed 915 fatal incidents related to elections. Nigerian electoral act pdf printed and published by the federal government printer, abuja, nigeria.
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