Appraisal of Presumption of Regularity of Election Results Declared by INEC and Electoral Violence in Nigeria

Abstract

By the doctrine of presumption of regularity, the decisions and actions of public officials, including the
conduct and results of elections, are made in accordance with the law and established procedures unless
proven otherwise. At the same time, elections in Nigeria have degenerated from being a means for popular
participation and peaceful change of government to an invitation to intense violence and political
uncertainty in the country. Elections in Nigeria have been described as a do-or-die affair even by esteemed
official quarters. As a result of this, series of violent clashes occur and sometimes results to loss of lives
and properties. In the Nigerian judicial system, the principle of proving a crime beyond reasonable doubt
is a cornerstone of criminal jurisprudence. This principle becomes particularly critical in the context of
election petitions, where allegations of electoral malpractices must be substantiated with compelling
evidence. In this article, the writer looks at the doctrine of presumption of regularity of election results
declared by electoral empire and electoral violence with the view to revisit this doctrine of presumption of
regularity of election results in cases of glaring electoral violence. This will go a long way in minimizing
the high incidences of electoral violence in Nigeria.