ELECTORAL LAWS AND CREDIBLE ELECTIONS IN NIGERIA: AN APPRAISAL OF 2010 ELECTORAL ACT ON 2011 AND 2015 GENERAL ELECTIONS

ELECTORAL LAWS AND CREDIBLE ELECTIONS IN NIGERIA: AN APPRAISAL OF 2010 ELECTORAL ACT ON 2011 AND 2015 GENERAL ELECTIONS

  • The Complete Research Material is averagely 179 pages long and it is in Ms Word Format, it has 1-7 Chapters.
  • Major Attributes are Abstract, All Chapters, Figures, Appendix, References.
  • Study Level: BTech, BSc, BEng, BA, HND, ND or NCE.
  • Full Access Fee: ₦7,000

Get the complete project » Instant Download Active

ABSTRACT

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. The legal framework for this foundation was provided for by Decree No. 24 of May, 1999 which was a prelude to the promulgation of the Constitution of the Federal Republic of Nigeria. This inter- alia provides for the transition to civil rule through the conduct of elections by Independent Electoral Commission to the offices of President and the Vice-President, Governors and Deputy-Governors, Chairmen and Vice Chairmen, the National Assembly, the Houses of Assembly and the Local government councils. That attempt was initiated in 1999 and was again repeated in April 2003; April 2007; April 2011and in February 2015. This democratic position is further consolidated by the provisions of the said Constitution which provides in Section 1 (2) that the Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of the Constitution. Furthermore, Chapter 2 of the same Constitution under section 14(2) (a) and (c) and section 15 (3) (d) strengthen the aforementioned democratic position as it provides that sovereignty belongs to the people of Nigeria from whom government through the Constitution derives all its powers and authority and the participation by the people in their government shall be ensured in accordance with the provisions of the Constitution. Stemming from the constitution the Electoral Act was promulgated. The 2006 Electoral Act provided the platform for the rules for the conduct of the 2007 election in Nigeria. It did not provide the free and fair election as desired. This led to several amendments leading to the promulgation of the 2010 Electoral Act which provided the ground rules for the conduct of the 2011 and 2015 General Elections in Nigeria. The thesis appraises the 2010 Electoral Act on the 2011 and 2015 General Elections. It focuses on issues relating to the Elections management by INEC, electoral fraud/ offences ad provided in the Act and the desirability to enfranchise Nigerian Diaspora population. The thesis submits that the Electoral Act 2010 (As Amended) did not provide the desired platform for free, fair and credible elections in 2011 and 2015 General Elections in Nigeria. Even as great improvements had been recorded compared to previous Elections. The thesis however submits that amendments to some provisions of both the 1999 Constitution of the Federal Republic of Nigeria and the Electoral Act 2010 (as amended), are necessary to strengthen the Electoral system to give Nigerians free, fair and credible election in 2019 and beyond.

CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background to the Study

Towards the end of 1990, international dynamics, pressures and persuasions

combined to push Nigeria towards the embrace of a political system that is based on the

global principles of democracy. Nigeria like other African countries is a signatory to

International Conventions on Democracy and Elections in the 1990s1. The decade was

significant not only to countries of West Africa (Nigeria inclusive), but the entire

continent of Africa in general because it was during this period that many African

countries returned to democratic governance. From the 1990s, West Africa paraded an

array of emerging democracies such that at the close of that decade, Benin, Ghana,

Liberia, Mali, Nigeria, Senegal, and Sierra Leone among other African countries were

included in the list of states with ―minimal democracies‖2

Nigeria returned to civil rule on May 29, 1999. The 1999 elections marked the

beginning of a transition from military to civil rule. The country held three elections,

including the April 2007 elections that brought President Umaru Yar‘Adua to power

following the victory of his party, the People‘s Democratic Party (PDP). Political

transition advanced from 1999 to the next phase with conduct of the 2003 elections. In the

lead-up to the 2007 elections, Nigerians were considerably hopeful that the elections

would be free and fair. But there were concerns in many circles about the poor state of

readiness of the Independent National Electoral Commission (INEC) and law

enforcement agencies. The outcome of the April 2007 polls further betrayed peoples‘

1 See Table 1, Appendix 1

2 Doorenspled. R. (2003), ―Political Parties, Party System and Democracy in Sub Saharan African‖ in Salith MMM. A (ed) African political Parties Evolution, Institutionalisation and Governance London Pluto Press P.4

1


confidence in the electoral system3 by a massive electoral fraud financed through money

politics.

Firstly there has been concerns with regards to the management of the 2011 and

2015 General Elections by     the Independent National Election Commission (INEC)

Despite amendments both in the Constitution of the federal Republic of Nigeria

1999(CFRN‘99) and the Electoral Act 2010 (as amended) to strengthen the capacity of

INEC to deliver free, fair and credible elections, yet the INEC is constrained by certain

structural and legal issues that require further amendments as discussed in this thesis.

There has been considerable debate as to whether the existing legal framework for

the prosecution of electoral offenders as encapsulated in the Electoral Act, 2010(as

amended) is appropriate and adequate for the arrest, investigation and prosecution of

electoral offenders. There has also been considerable debate as to the cap


You either get what you want or your money back. T&C Apply





Share a Comment


You can find more project topics easily, just search

Quick Project Topic Search