LEGAL FRAMEWORK FOR CONDUCT OF FREE AND FAIR ELECTIONS IN NIGERIA: A JURISPRUDENTIAL OVERVIEW

Abstract

In every democratic nation such as Nigeria, free, fair and credible elections are vital for the economic, social andpolitical development of such a nation. An adequate legal framework has been recognized as a prerequisite forthe conduct of free, fair and credible elections. There has been a lot of controversies, irregularities and challengeswith the conduct of elections in Nigeria since 1960 till date. These challenges include all manner of electoraloffences including poor performance by the electoral body on the dates of elections. These challenges have beenrecurrent decimal as typified in the elections in Nigeria, particularly in the Fourth Republic: 1999, 2003, 2007,2011, 2015 and 2019. Indeed, there has always been an attempt after every round of election to amend the legalframework or electoral laws in order to take care of the deficiencies, irregularities and challenges noticed duringthe previous elections, yet it appears that the problem with the electoral legal framework in Nigeria has defiedthe solutions proffered so far. Therefore, this paper intends to assess the legal framework particularly the 2022Electoral Act with view to addressing the previous challenges in the older laws. The methodology adopted in thisresearch is the doctrinal method of research as well as historical method whereof primary, secondary and tertiarysources such as the constitution, case laws, textbooks, journals, newspapers and internet materials were widelyconsulted. We also adopted the NALT citation guidelines. The research findings show that the National Assemblyand National Electoral Commission have made several electoral law reforms over the years to ensure the conductof free and fair elections, but the laws seem not to be adequate; that the problem of election in Nigeria is not thatof inadequacy of laws but their implementation by the stakeholders; that some of the provisions of the extant legalframework on election in Nigeria, do not promote free and fair elections. This research however recommendsamong other things that, there is need for change of character by Nigerians who try to win election at all cost andby all means; need to punish all offenders irrespective of the position in society and more laws to strengthen theINEC against intrusion by other bodies.