ELECTORAL OFFENCES AND DEMOCRACY IN NIGERIA

Abstract

Nigeria is said to practice a representative democratic government, wherein the people are ruled through their elected representatives. One element of democracy is free and fair elections. Since the end of Military rule and the transition to civilian government, the challenges of free and fair election have been numerous. Incidents ranging from snatching of ballot boxes, election rigging, burning of election materials, rioting, buying of votes, etc. have been the order of the day. The rate of electoral offences with which the Nation is fraught with is a red light to the democracy which the country professes. This study discussed in detail the laws governing electoral offences, the challenges militating against its functionality, and how these laws affect the state of our democracy. The researcher used the doctrinal method of research, collected data from statute, case laws, articles, and the internet. The writer recommends that Electoral offences Commission/Tribunal should be established to relieve the burden of the INEC in prosecuting election related matters and allow her focus on her core function of conducting elections. The investigation of electoral offences and the resultant arrest should be left to relevant Electoral Officials and should not solely rest on the shoulders of the Nigerian Police as it is presently.