A CRITICAL EXAMINATION OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS ON THE PROTECTION OF ELECTORAL RIGHTS IN NIGERIA

Abstract

An election is one of the bulwarks of democracy because it gives the citizens who are qualified the opportunity to vote for candidates of their choice and the opportunity to contest an election. The Electorates in exercising their franchise become major stakeholders in the electoral process. However, if the people lose confidence in the electoral process, democracy as a system of popular participation in government will become a sham. Therefore, for democracy to thrive, a State must by means of its laws create and develop a robust and strong institutions and system capable of providing and protecting electoral rights of her citizens. This study aims to examine the legal and institutional framework for the protection of electoral rights in Nigeria as well as to identify the inherent problems in this legal framework. This work founded upon doctrinal research examined the 1999 Constitution of the Federal Republic of Nigeria, the Electoral Acts 2022 and other laws as well as institutions put in place to ensure the enjoyment of free and fair elections. It found that there exist copious laws; yet the protection of these rights during elections in Nigeria is a big problem due to political selfishness, violence and a lack of enforcement of the laws designed to safeguard electoral rights. The study recommended among others that for the protection of the rights of electorates to be complete and efficacious, the government, law enforcement agents and the judiciary must ensure the enforcement and protection of the rights of the Nigerian electorates. It was concluded that while there are problems in protecting voters' rights in Nigeria, there are ways to make it better as recommended, as this is important for a fair, democratic and peaceful society.