EXAMINATION OF THE DOCTRINE OF POLITICAL QUESTION UNDER THE ELECTORAL ACT 2022

Abstract

The "political question" doctrine refers to the principle that certain issues are more
appropriately addressed by the executive or legislative branches of government, rather than
by the judiciary. In the context of Nigeria's electoral process, this doctrine emphasizes the
boundaries of judicial intervention in politically sensitive matters, particularly regarding
elections and related controversies. Intra-party conflicts have been part and parcel of
Nigeria democratic journey. In recent times they have become much more pervasive and
have assumed crisis dimensions, with negative implications for democratic stability and
consolidation. This paper examines the relevant concepts, theories of the doctrine of
political question, the judiciary and the doctrine of political question and the Electoral Act
2022 and the doctrine of political question as well as the circumstances where the court can
interfere in the internal affairs of a political party. This will go a long way in strengthening
Nigeria’s democracy and the doctrine of separation of powers.