An Appraisal Of The Nigerian Electoral Laws And The Introduction Of Smart Card Readers; A Case Study Of The 2015 General Elections

ABSTRACT

The electoral process is an all encompassing process that includes registration of voters, identifying the political parties to be voted for, voting, counting of votes, declaration of election results as well as procedures and avenue for challenging election results. Elections have become the most acceptable process of changing leadership in any given political system in the present day. Election has been defined as the process of selecting a person to occupy a position or office, usually a public office. Elections are used as a means by which representatives and policies are decided.

This research work is aimed at examining the evolution of electoral laws that have been developed and the progression of such laws in Nigeria. The broad objective of this long essay is to appreciate Nigeria’s political dynamism in relation to her electoral development with special focus on the challenges of the electoral system and different provisions so made to solve existing problems and forestall future ones, the lapses of such provisions made as well as suggestions and recommendations on what can be done to rectify such lapses particularly as regards the 2015 general elections.

In order to meet the broad objectives of this study, the work is divided into five chapters. Chapter one entails a general introduction of election, electoral process and electoral laws. The chapter will be concluded by the historical evolution of electoral system in Nigeria. 

Chapter two takes a cursory look at the historical background of Nigeria’s political landscape, electoral laws enacted from the colonial period to post-colonial period i.e. 1922 to the present day. The colonial period is very important in this study because 1922 marked the beginning of electoral process in Nigeria with the introduction of elective principle by Sir Hugh Clifford. This will help in understanding and appreciating the legal and constitutional framework put in place to regulate the electoral process from past times to the present times. Also a comparative analysis will be made under this chapter of the Electoral Act 2006 and the Electoral Act 2010 so as to understand the extent of the reforms so made in the electoral system. 

 Chapter three examines the 2010 Electoral Act with focus being made on the formation, registration and other matters incidental to political parties, qualifications and disqualifications of candidates for an election, the nature of election petitions – its practice and procedure as well as electoral disputes - making use of important cases which serve as major authorities in the present day electoral law.

Chapter four is intended to examine and expose the shortfall of the 2015 general elections, the introduction of smart card readers, the failure of smart card readers and its attendant legal implications as well as the attitude of courts towards the smart card readers.

And lastly, chapter five embodies a conclusion drawn and recommendations proffered on the urgent legislative action needed for the reformation of the electoral law so as to make the electoral system a formidable one.

TABLE OF CONTENTS

TITLE PAGE

CERTIFICATION

DEDICATION

ACKNOWLEDGEMENT.

TABLE OF CONTENT 

TABLE OF STATUTES

TABLE OF CASES

LIST OF ABBREVIATIONS

ABSTRACT

CHAPTER ONE

GENERAL INTRODUCTION

1.0. INTRODUCTION 

1.1. DEFINITION OF TERMS

1.2. HISTORICAL EVOLUTION OF ELECTORAL SYSTEM IN NIGERIA

CHAPTER TWO

HISTORICAL FRAMEWORK OF ELECTORAL LAW IN NIGERIA

2.0. INTRODUCTION

2.1. HISTORICAL BACKGROUND OF ELECTION LAWS IN NIGERIA

2.2. THE POST INDEPENDENCE POLITICAL SETTING

2.3. THE FIRST REPUBLIC

2.4. THE SECOND- THE FOURTH REPUBLIC

2.5 PROGRESSION OF POST COLONIAL LAWS

2.6. COMPARATIVE ANALYSIS OF THE EVIDENCE ACT 2006 AND THE EVIDENCE ACT 2010

MAJOR ISSUES IN THE ELECTORAL ACT 2010

3.0. FORMATION AND REGISTRATION OF POLITICAL PARTIES

3.1. LEGAL STATUS OF A POLITICAL PARTY

3.2. CONSTITUTION AND RULES OF POLITICAL PARTY

3.3. FINANCES OF POLITICAL PARTIES

3.4. MERGER OF POLITICAL PARTIES

3.5. QUALIFICATIONS AND DISQUALIFICATIONS

3.6. SPECIFIC GROUNDS FOR DISQUALIFICATION

3.7. ELECTION PETITION TRIBUNALS

3.8. NATURE OF ELECTION PETITIONS

3.9. ELECTION PETITION PROCEEDINGS

CHAPTER FOUR

THE 2015 GENERAL ELECTIONS IN NIGERIA

4.0. REVIEW OF THE 2015 GENERAL ELECTION

4.1. THE INTRODUCTION OF ELECTRONIC SMART CARD READERS

4.2. THE CONSTITUTIONALITY OF THE USE OF SMART CARD READERS

4.3. THE ATTITUDE OF THE COURT TOWARDS SMART CARD READERS

CHAPTER FIVE

GENERAL CONCLUSION 

5.0 RECOMMENDATIONS

5.1 CONCLUSION

BIBLIOGRAPHY