The Doctrine of Substantial Compliance as Contained in the Electoral Act 2022: A Threat to Nigerian Democracy

Abstract

Section 135(1) of the Electoral Act 2022 provides that an election shall not be liable to be invalidated by reason
of non – compliance with the provisions of this Act if it appears to the Election Tribunal or Court that the
election was conducted substantially in accordance with the principle of this Act and that the non – compliance
did not affect substantially the result of the election. This provision forms the statutory basis for the doctrine of
substantial compliance in Nigeria. It emphasizes that the courts must look at the overall effect of non-
compliance before annulling an election. There is nowhere in the Electoral Act where the doctrine of
substantial compliance was defined. The doctrine of substantial compliance in Nigeria's electoral process
presents several problems and challenges, particularly in the context of determining what constitutes
“substantial” non-compliance. These challenges often involve judicial discretion, inconsistent interpretations,
and potential for abuse. By the doctrine of substantial compliance in Nigerian electoral process, one can safely
say that in most political cases, what we have is the judicialization of democracy in Nigeria. Section 14(1)
Constitution of the Federal Republic of Nigeria 1999 (as amended) provides that the Federal Republic of
Nigeria shall be a State based on the principles of democracy and social justice; while subsection 2 (a) of the
Constitution of the Federal Republic of Nigeria 1999 (as amended) provides that sovereignty belongs to the
people of Nigeria from whom government through this constitution derives all its powers and authority. This
doctrine of substantial compliance has eroded the constitutional powers of the citizens of the Federal Republic
of Nigeria as it relates to sovereignty belonging to the people of Nigeria. In this article, the writer is making a
case for the eradication of this doctrine as it infringes on the right of the people to freely decide on who their
leaders should be.