• Pre-election and Post-election Litigation

Political parties play a big role in reducing disputes surrounding pre-election matters. The political parties should preserve the tenets of internal democracy by ensuring that nomination of candidates reflects the will of their members at party primaries, to reduce the spate of pre-election matters and its impact on preparation for elections.

However, where the tenets of internal democracy cannot be upheld, it is further recommended that disputes arising from pre-election matters can be reduced by providing a leeway to aggrieved members of political parties to sponsor themselves if they feel short-changed in the nomination process. This was formally provided in Section 37(2) of the 1979 constitution, which recognized the right to run for legislative office as an independent candidate. This can be done upon approval of INEC that such candidate can run independent. This provides enormous opportunity for those aspiring to political positions, especially legislative offices, to sponsor themselves. On the long run, this reduces pre-election litigation in court arising from party nomination and will decongest the courtrooms. 

     It is not in doubt that post-election cases can be heard for almost four years of the end of the tenure and where judgement is given in favour of the aggrieved candidate, the law provides that such party candidate completes the 4 years tenure before another election is conducted. The Electoral Act is very explicit on the time frame for the hearing of post-election matters from the Election Tribunal to the Supreme Court, however, the time frames are not usually met due to the complexities of the case and other factors. It is advisable that there should be a fast-tracked system in place to hear post-election cases from the court of first jurisdiction to the apex court. 

• Electoral offences’ prosecution.

For an improvement in prosecuting electoral offences, unbundling of the Independent National Electoral Commission and the creation of a Commission saddled solely with the responsibility of prosecuting Electoral offences should be adopted. This will lead to proper and professional investigation of electoral process and improve the regime of democracy. This Commission will comprise of professionals with unquestionable characters who are skilled to carry out investigation and prosecute such crimes. There should also be an independent Act on Electoral offences passed by the National Assembly. 

This Commission will have the capacity and legal instrument to set up mobile courts to try election offences on election days and adopt measures to eradicate the commission of electoral malpractices.