JUDICIAL INTERPRETATION OF STATUTES LIMITING TIME TO TAKE STEPS IN ELECTION PROCEEDINGS AND THE DOCTRINE OF STARE DECISIS IN NIGERIA

Abstract

In election disputes all over the world, time is a critical factor. There is limitation of time for taking virtually every step connected with election petitions and failure to adhere to such time limitations are rarely excusable as there is always no provisions in the relevant laws for enlargement of time to take such steps. Whether such provisions in electoral laws are justifiable or not is not the subject matter of this paper, rather the concern of the author is the uncertainty that has pervaded the issue of computation of time in election proceedings to the detriment of the litigants and public interest generally. The laws that provide for limitation of time for taking steps in election matters except for few, have consistently come short of providing any guide as to the computation of such limited time. The existence of lacunae in the laws have created a great deal of uncertainty in that area of the law leading to loss of many election petitions in the confusion notwithstanding that paragraph 50 of the First Schedule to the Electoral Act, 2006 and other laws provide clear guide as to the computation of such limited time. Presently, the law on this matter is unjustifiably confused and calls for a re-examination.