Applicability of Alternative Dispute Resolution Mechanisms as Panacea for Electoral Instability in Nigeria

Abstract

Varying degrees of political disorder have characterised the several electioneering engagements since the first election in Nigeria, thereby dampening the legitimacy of the electoral process, though known standards are emplaced for ordering functional governance in Nigeria. Given its recurrent incidence of conflicts with the propensity for self-help for which most elections were until recent time, known, a more dynamic intervention than the adversarial litigation has become so desirous. It is for the purpose of reducing these unwholesome phenomena with the complexities of adversarial litigation, the Alternative Dispute Resolution [ADR] mechanisms present a possibility as well as a formidable panacea for electoral instability in Nigeria. This paper, therefore, examined the various electoral laws, the political conventions and parties’ traditions juxtaposed against socio-political culture in Nigeria. This was with a view to identifying the practicability of the ADR processes for ensuring electoral peace in Nigeria. The study adopted doctrinal methodology and relied on primary and secondary sources of information. The primary source comprised the Constitution of the Federal Republic of Nigeria, 1999 (as amended), successive electoral laws in Nigeria, including the current Electoral Act, 2022, Arbitration and Conciliation Act, Cap A18, LFN 2004 with unstructured interviews and case laws. The secondary source included books, journal articles, newspapers, magazine and materials from the internet. The study found that, although there was no express provision in the successive electoral law, prescribing the application of ADR mechanism in Nigeria, parties’ convention and socio-political norms have made its use a panacea for electoral instability. Considering the enormous benefits of the ADR mechanism in every life endeavour including election matters, the paper suggested that future electoral reform should not only formalise the use of ADR processes for sustenance of electoral peace, but should also incorporate the ADR processes for electoral dispute resolution in Nigeria.

Keywords: Election Dispute; Electoral Peace; Alternative Dispute Resolution; Election Matters

DOI: 10.7176/DCS/15-2-02

Publication date: May 30^th 2025