LEGAL IMPACTS OF INCONSISTENCIES OF THE SUPREME COURT JUDGMENTS ON ELECTIONEERING PROCESS IN NIGERIA

Wahab Ismail Yinkola(1),


(1) 
Corresponding Author

Abstract


The judiciary plays a critical role in the sustainability of democratic governance, particularly in the resolution of electoral disputes in Nigeria. As the apex court, the Supreme Court occupies a special position of ensuring electoral justice in the adjudication of electoral disputes. However, the occurrence of inconsistent judgments by the Supreme Court in electoral matters has raised critical concerns about the role of the judiciary in electioneering process. This study examined the legal impacts of inconsistencies of the Supreme Court judgments on electioneering process in Nigeria. The objectives of this study are to examine theoretical underpinnings of electoral disputes and its impacts on the Supreme Court judgments. This study employed doctrinal and quantitative legal research approaches. For the doctrinal approach, normative analysis was adopted to analyze the primary sources, such as legislation, while content analysis was used for secondary data such as textbooks, journal articles, reports, among others. As regards the quantitative research approach, data were gathered from a 600-questionnaire survey conducted using purposive sampling techniques. The data were thereafter subjected to descriptive and deductive analysis. The findings of the study were that judicial intervention in electoral process is consistent with legal formalism theory which views the judiciary as an institution with its own interpretative rules and legal reasoning enabling it to adjudicate on electoral disputes. The study therefore recommended that the Supreme Court should maintain reliance on binding precedents while ensuring that earlier decisions are clearly restated and consistently applied in subsequent election cases.



Keywords


Judicialism, Electioneering Process, Inconsistencies, and supreme court

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