TOWARDS REFORMING THE SUBSTANTIAL COMPLIANCE DOCTRINE IN ELECTION PETITIONS IN NIGERIA

Abstract

Reforming laws and judicial practices is essential for ensuring justice, promoting societal development, and aligning legal frameworks with contemporary needs. Through legislative amendments, judicial interpretations, and statutory revisions, legal reforms address deficiencies and provide solutions to emerging challenges in various sectors. The Electoral Act1 contains provisions aimed at reforming Nigeria's electoral system, particularly the introduction of electronic transmission of results and enhanced procedures for voter registration. These reforms were introduced to improve transparency, reduce electoral fraud, and enhance the credibility of elections. Reforms in electoral laws demonstrate how statutory provisions can evolve to address emerging issues like technological advancements and public demand for fair elections. In this article, the writer examined in details the recommendations for reforming the substantial compliance doctrine in our electoral jurisprudence. Such recommendations include: clarifying the definition of substantial compliance in our electoral Act; strengthening the burden of proof standards; enhancing the transparency and accountability in election tribunals; providing training and guidelines for election petition judges and encouraging Alternative Dispute Resolution (ADR) mechanisms. Implementation of these recommendations will go a long way in mitigating to a reasonable extent, the hardship occasioned in the implementation of the substantial compliance doctrine in election petition cases in Nigeria.