THE STATUS OF THE AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE IN NIGERIA: ISSUES OF DOMESTICATION AND IMPLEMENTATION

Abstract

In order to mitigate the incidents of unconstitutional changes of government, manipulation of constitutional provisions to achieve arbitrary tenure elongation, electoral mal-practice and bad governance in Africa, the African Union (AU) adopted the African Charter on Democracy, Elections and Governance (ACDEG). The treaty defines a continental governance agenda for AU member states by establishing a comprehensive normative framework around governance which member states are enjoined to implement in order to promote governance and accountability in Africa. The ACDEG’s normative framework defines a continental standard that can guide the implementation of the AU governance agenda as encapsulated in the African Union Agenda 2063. However, the ACDEG has not been domesticated as required under Section 12 of the Constitution of the Federal Republic of Nigeria 1999. Hence there are agitations for its domestication particularly by some members of the civil society organizations. The paper however, argues that though the treaty has not been domesticated in line with the provisions of the above Section, the provisions of the Charter have been substantially albeit informally domesticated in Nigeria. Against this background, the paper examines what the Charter is all about and the extent of its domestication and implementation in Nigeria. It is further argued, that though in principle, Nigeria can be said to have made substantial progress in an effort to promote the objectives of the ACDEG, nevertheless, there are existential structural and institutional challenges militating against their effective implementation of the provisions. The paper concludes that despite its challenges, the ACDEG remains a progressive international legal instrument which all AU member states, including Nigeria should adopt, adapt and seriously implement in order to improve on their governance systems.