Political Parties and Electoral Offences in Nigeria: A Critical Analysis

The paper examines the Nigerian Constitution and Electoral Act 2010 (as
amended) on the role and complicity of political parties in electoral offences in
Nigeria. It explores the extent to which political party activities or inactions
constitute or contribute to electoral offences. The objective is to find out
whether political parties are complicit in electoral offences, and whether the
Electoral Act needs to be reformed to accommodate political party culpability,
reduce the criminal complicity of political parties, and improve political party
accountability. The paper adopts a mixed method of normative and critical
analysis. Normative analysis arises from examination of doctrinal data which
consist of the principles of law, provisions of the Electoral Act 2010 and the
Constitution of the Federal Republic of Nigeria (CFRN) 1999 and other
relevant laws regarding jurisprudence in democracy and constitutionalism,
in order to determine their coherence and validity. Critical analysis, on
the other hand, is applied to electoral and democratic principles in extant
literature and policy in order to justify the necessity of reforming electoral
laws. The paper finds that the Electoral Act is silent in many instances of
potential political party complicity in electoral offences. However, the law
could be reformed to improve political party accountability and reduce the
incidence of electoral offences in Nigeria. It recommends some policy reforms
and amendments to improve the effectiveness of the Electoral Act 2010.

File Type: pdf
Categories: Journal of African Elections
Tags: constitutional democracy, Electoral Act 2010, electoral offences, party politics, political party accountability
journal of african elections vol18 number 2 transparent democratic governance in africa