The Legal Framework Regulating Elections in Nigeria

Abstract

The process called election would be practically impossible in a non-democratic system of government. Democracy is a system of government where the people rule directly or indirectly through representatives periodically elected by them through an electoral process. The determinant factor of the time frame for elections differs due to the distinctive feature of various electoral systems applicable in different countries. Lincoln[1]who is a major proponent of democracy is believed to have given one of the most comprehensive definitions of democracy. He opined that democracy is a government “of the people, by the people and for the people. “The participation and involvement of the people is paramount. Clearly, the stability of a democratic system is hinged on the fulcrum of credibility and fairness of elections which are indispensable pillars of sustainable democracy. Free and fair elections satisfy the innate desires of every democratic country.

Since Nigeria gained her independence from colonial rule, Nigeria’s electoral process has been bedevilled by irregularities including political thuggery, voter intimidation, violence, and electoral fraud committed either by INEC, Security officials, political parties and their officials or their supporters. These various acts obliterate the foundations of ideal elections in a country practicing the democratic system of government. Achieving this ideal situation will engender having set of laws, rules and regulations enacted or made to ensure the effectiveness of an electoral process. This work looks at the various existing legal regulatory framework that are in place for elections to be truly democratic include; The CFRN 1999 (as amended), The Electoral Act 2022, INEC Regulation and Guidelines for the Conduct of Election 2022, The Code of Conduct and Rules of Engagement for Security Personnel on Electoral Duty, 2020. Etc.