Expeditious Trial of Election Petition under the Nigerian Electoral Act, 2010 (as amended) “A Myth or “Reality”?

Abstract

Electoral process in Nigeria is generally characterised and fraught with fraudulent practices.  Majorly amongst the fraudulent antics in the Nigerian politics are rigging of election and time wasting in getting legal redress in the court of law or in the election tribunals.  In an effort to check this ugly menace, the Nigerian National Assembly enacted the 2010 Electoral Act with special provision on election time-line for voting, counting, and declaration of results as well as getting redress in court through expeditious trial. Unfortunately, the just concluded 2011 general election in Nigeria was still fraught with fraud and un-abated delay in getting redress in court.  This paper therefore examines the reality or otherwise of the expeditious trial provisions in the Electoral Acts 2010. Due to the situation on ground and the 2011 election experiences in Nigeria, the paper argues that the expeditious trial provision in the Act is a myth rather than reality.  Thus, the paper proffers some solutions to aid the practicability and/or reality of the expeditious trial in the 2010 Electoral Act in Nigeria.

Keywords: Expeditious Trial, Election Petition, Nigeria Electoral Act, 2010, Myth, Reality