AN EXTRAPOLATIVE APPRAISAL OF THE ROLE OF COURTS IN THE NIGERIAN ELECTORAL DEMOCRACY

Abstract

A functional court system is sine qua non in any electoral democracy of any country. The courts not
only interprete the laws, protect human rights and maintain checks and balances, but also play very
pertinent roles ranging from adjudication of pre-election matters to post- election disputes. The
courts are very crucial to the future and survival of any democracy. In Nigeria, the courts have
been instrumental to the continuous existence of democratic rule. This study critically examined the
roles of the courts in electoral democracy in Nigeria. The methodology of research employed in
this study was doctrinal, while data were garnered from both primary and secondary sources.
Findings revealed that courts in Nigeria have not fully lived up to expectation in their roles in
electoral democracy. This is so as most judges sacrifice justice on the altar of technicalities and in
some cases, assume the role of the electorates by usurping their powers either at the pre-election
or post-election stages. It was recommended among other things that stiffer punishment should be
meted on any judicial officer who engage in corruption and other sharp practices during pre-
election or post- election matters to thwart justice and rob the electorates of their mandate. It was
further recommended that the independence of the judiciary should be strengthened among other
things to cub judicial interference.