THE LEGAL BURDEN ON THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) BY THE ELECTORAL ACT 2022

Nwamaka Adaora IGUH

Abstract


The mission of the Independent National Electoral Commission (INEC) is to serve as an independent and effective Election Management Bodies (EMB), committed to the conduct of free, fair and credible elections for sustainable democracy in Nigeria. Nigeria being a developing country, INEC has found itself having enormous amount of responsibilities which has been amplified with the passage of the Electoral Act 2022 (as amended). It is thus imperative that in order to reap the full dividends of elections, the body conducting it should have its roles sieved out in clear terms to ensure efficiency and accountability. This article scrutinized this legal burden upon INEC by the Electoral Act 2022 (as amended) and analyzed the challenges that they confront when discharging these responsibilities. Through a detailed examination of the Electoral Act 2022 and case laws, this article identified several core mandates that are legally placed upon INEC by the Electoral Act. These range from voter registration to primary election conduct and result management procedures as well. It also explored the legal implications that could arise if these crucial responsibilities are not adequately fulfilled in practice during the course of an election. Ultimately this study proposes feasible strategies for enhancing INECs operational performance while underlining how critical it remains towards ensuring impartiality & transparency during Nigerian elections.

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