ELECTION PETITIONS: TOWARDS CURBING ELECTORAL MALPRACTICE IN NIGERIA

This study, titled Election Petitions: Towards Curbing Electoral Malpractice in Nigeria, critically examines the role of election petitions in promoting electoral integrity within Nigeria’s democratic framework. Elections, though indispensable to representative government, have been persistently undermined by malpractice, including vote buying, ballot stuffing, intimidation, and falsification of results. The study interrogates whether Nigeria’s system of election petitions is adequate to address these challenges. Using a doctrinal and comparative methodology, the study reviewed constitutional and statutory provisions, judicial decisions, and scholarly works. It analysed the jurisdiction of tribunals and courts, procedures, grounds, timelines, and remedies in electoral adjudication. It also examines electoral offences under the Electoral Act 2022 and how election petitions and criminal prosecution in Nigeria have helped to curb electoral malpractice in Nigeria, and its challenges. The study found that while election petitions are indispensable for resolving disputes and legitimizing elections, they are constrained by heavy evidentiary burdens, strict timelines, judicial technicalities, and high litigation costs. There is also the issue of weak enforcement of electoral offences. Comparative analysis revealed best practices such as Kenya’s emphasis on technology and transparency, as well as Romania and Ghana’s electoral commission accountability, and India’s robust judicial sanctions. The study concludes that Nigeria’s system requires reform to strengthen judicial independence, ease evidentiary burdens, improve INEC’s accountability, and establish an Electoral Offences Commission. Such reforms will enhance the deterrent effect of election petitions, curb malpractice, and consolidate democratic governance.