SUBSTANTIALITY OF DEFECTS VERSUS INVALIDITY OF ELECTIONS: A CRITIQUE OF SECTION 135 (1) OF THE NIGERIA’S ELECTORAL ACT 2022

Abstract

Though there is no perfect democracy anywhere, sovereign states make efforts to advance towards the positive side of the ideal democracy. Such ideal democracy is gauged by the quality of electoral laws and the faithful application of such laws to the electoral process. Since the quality of the laws is as important as their application, a statutory provision that does not promote the advancement towards the ideal democratic status rather constitutes a clog in the wheel of the electoral process. Such provision stultifies the wish of the electorate and eventually contributes to the enthronement of persons as leaders not desired by the citizenry. This paper constitutes a critique of section 135(1) of the Electoral Act 2022. With references to foreign jurisdictions and reliance on some dissenting judgments of some Justices of the Supreme Court of Nigeria, the author recommends amendment to section 135(1) of the 2022 Act to give effect to the principles of substantial electoral legitimacy which is the hallmark of the ideal democracy.