Pre-election and Post-election litigation.
Pre-election litigation are cases or matters that arise before the conduct of general elections and these matters usually emanate from intra party affairs of political parties. Pre-election litigation stems from issues like: lack of internal party democracy, non-adherence to party Constitution and Guidelines, arbitral replacement of candidates from persons that emerged from validly conducted primaries, nomination of placeholders, etc. while post -election litigation are cases that spring up after the election has been conducted and the result has been announced.

Some of the challenges of pre-election litigations are:
- The enforcement by courts of the objective of internal democracy contained in the country’s electoral legal framework, instead of such task to be left to the internal mechanisms of political parties. This is a serious issue because even the courts are not properly equipped to resolve internal political disputes because the tool of justice process is not designed to effectively resolve political questions especially with pre-election matters mostly connected with complaints of failure of political parties to comply with the legal framework of internal democracy.
- Also, pre-election litigation may adversely deny political parties the opportunity to field candidates for election where the disputing parties are unable to agree on peaceful resolution of conflicts resulting from nomination exercise for election of candidates to be sponsored by the party and leadership tussle.
- Post-election litigation has led to unevenness in time schedule for governorship election. In many states, post-election litigation verdict by the courts has resulted to nullification of election and ousting from office already sitting governors mostly after the usual long period of legal battle that eats up major part of the stipulated four years tenure of office.
- Conflicting judgments by the Courts have become a re-current decimal in the jurisprudence of election in Nigeria and is inimical to the electoral process. Recent judgment from courts portray a partial departure from the time-honoured doctrine of stare decisis, resulting in conflicting decisions on the same set of facts and subject. The outcome of conflicting judgment is that it creates uncertainty as to the state of the law and consequence of particular conduct and makes it difficult for INEC to carry out its constitutional

