ELECTION PETITION TRIBUNALS AND CONSOLIDATION OF DEMOCRACY IN NIGERIA: INTERROGATING THE 2019 POST ELECTION LITIGATIONS IN IMO STATE

Abstract

In Nigeria, decisions on election petitions by Election Petition Tribunals and courts of competent jurisdiction have often imparted on the polity and sometimes influences political parties and voters’ behaviour on the process of democratic consolidation. The judiciary is one of the important institutions of government that is expected to be neutral and independence of other arms of government to guarantee the principle of separation of powers and check and balances. Over time, the judiciary in Nigeria has made strides in its effort to ensure the deepening or consolidation of democracy especially in the Fourth Republic which started on 29th May, 1999. However, the 2019 governorship post-election litigations in Imo State by the Election Petition Tribunals and the Supreme Court generated a lot of arguments and counter-arguments from individuals, political analysts and lawyers alike as to the potency of the judgment. This paper therefore, takes a look at the critical issues from the 2019 governorship post-election litigations in Imo State and consolidation of democracy in Nigeria. The paper adopted the documentary method of data collection and utilizes secondary sources; and relays on content analysis as its method of data analysis. This paper observed that, the lack of judicial independent especially on the appointment of judges, impact negatively on post-election litigations in Nigeria which in turn undermine democratic consolidation. The paper recommends among others; that for the judiciary to be truly independent appointment of the CJN and other judicial officers should be done by NJC to avoid interference or influence from other arms on matters of judicial prerogative to reflect that the Judicial is actually the last hope of a common man.