The Role of the Judiciary in the Application of Peacebuilding Theory and Methods to Election Dispute Resolution in Nigeria

Abstract

The judiciary is responsible for discharging justice in every legal dispute arising between petitioners and respondents and political parties in election petition. The general responsibility of the court in the adjudication of election is to hear and determine the winner and consequently, the loser whenever petition comes up for trial. However, this traditional and restricted role devoid of peacebuilding theory could lead to resentment and disagreement expressed through protest, violence, destruction of properties and commission of various kinds of crimes especially by supporters of one candidate or political party considering the outcome of court’s decision in each case. This article examines the vital role of the judiciary in preventing the occurrence of violence and promoting peace in the process of adjudicating on election petitions through the application of peace building theory and methods. The paper explores available literature in the area of peacebuilding as well as the jurisprudence of courts through decided cases on electoral disputes and argues that the outcome of court decisions on election matters can either prevent or escalate post election violence in Nigerian context.

Keywords: Peacebuilding, Judiciary, Election, Dispute Resolution.