THE LEGALITY OF DECLARING AN ELECTION RESULT INCONCLUSIVE BY INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) IN NIGERIA: A REFLECTION OF THE ELECTORAL ACT 2010 (AS AMENDED)

Nwamaka Adaora IGUH

Abstract


Democracy cannot be discussed without the issue of election. The electoral process is vital to the sustenance of democracy. It denotes a process constituting accreditation, voting, collation, recording on all relevant INEC Forms and declaration of results. The collation of all results of the polling units making up the wards and the declaration of results are the constituent elements of an election as known to law and the duty of INEC. This can only be done under a democratic government where the people are allowed to choose their leaders under our law. Where the provisions of these laws are not complied with, the courts are normally called in to adjudicate and interpret as the case may be. The aim of this discuss is to view the legality or otherwise of declaring an election result inconclusive by INEC in Nigeria. In the course of discussion, the writer will reflect on provisions of the Electoral Act, 2010 as amended. The approach to be adopted in this work will be analytical and expository. To achieve this, reliance would be placed on information gathered from statutes, law reports, text books, journals and internet based sources. The writer concludes that there is no provision parse in the Electoral Act, 2010 as amended that authorizes INEC to declare a result inclusive and will proffer recommendations aimed at strengthen our electoral process in Nigeria.

Full Text:

PDF

Refbacks

  • There are currently no refbacks.