A Synoptic Analysis of Issues in Nigerian Presidential Elections Disputes 1999 – 2007

Abstract

Successful management of election disputes is indispensable in democracy. Transparency and impartiality of election disputes enhance trust in the electoral the democratic process and the rule of law. Building public confidence and trust in election is germane to democratic consolidation in Nigeria’s nascent democracy as its resolution mechanism is a core step in consolidating democracy and legitimacy of the electoral system (Malu, 2007). The election Tribunals/Court are perceived as capable of effectively and impartially resolving election disputes by political actors and a successful resolution of disputes will eliminate the course to violence and other anti democratic tendencies that lead to instability. Therefore in a democracy, the role of the judiciary is quite pertinent. This explains the reason why people’s expectations are always high when matters are before the Court/Tribunal who is expected to be impartial.

The failure of the election tribunals/Courts are to effectively resolve election disputes led to the collapse of previous democratic experiments in Nigeria. The following cases attest to the veracity of this argument – the controversial decisions of Courts/Tribunals in respect of cases between Akintola and Adegbenro, Awolowo and Shagari, Ajasin and Omoboriowo, Unongo vs Aper Aku, Bola Ige and Olunloyo which led to the demise of the First and Second Republics. Malu (2007) posited that the collapse of the First and Second Republics in Nigeria were partially caused by loss of faith in the electoral process and the unsatisfactory manner the court handled election disputes (Malu, 2007).