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Judicial Activism and the Conduct of Nigeria’s 2007 General Elections: A Review (Poster)

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Abstract:

Abstract

Preparations for and the conduct of the April 2007 elections in Nigeria were greeted with criticisms and expression of pessimism. This lack of trust in the process at and the outcomes was exacerbated by the overt and covert measures by the government through the electoral body, to subvert the rule of law. Acrimonious intra-class struggle for political power among the various factions of the ruling class led to political scheming to exclude some candidates from participating in the elections. The Nigerian political environment provides the template for such political cauldron as the abuse of the power of incumbency by the ruling political party ha become an entrenched political culture. Generally, the judiciary remains the only statutory organ that protects the rights of the citizens against despotism and anarchy by the political branches. The resurgence of judicial activism in the Nigerian judiciary in recent times has raised the optimism that it can reclaim its seemingly lost status as the citizens’ bulwark against the invasion of liberty.
This paper takes a review of the series of judicial intervention in the preparations for and the conduct of the 2007 elections in Nigeria. Judicial review of the decisions of the Independent Electoral Commission (INEC) has shattered the orchestrated plan to construct an hegemonic structure within the strata of the ruling political party as well as in the national political landscape through the politics of exclusion. It has been discovered that judicial activism has elevated the judiciary from its weak position to the status of a true pillar for democratic consolidation in Nigeria. If this is sustained, the precedents would serve as reference points for further adjudication in the Nigerian political system.

Author's Keywords:

Judicial activism, political system, adjudication, political party, electoral commission, election, incumbency, rule of law, judiciary, hegemonic structure
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Association:
Name: ISPP 31st Annual Scientific Meeting
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http://ispp.org


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MLA Citation:

Fagbadebo, Omololu. and Akinbuwa, Adeola. "Judicial Activism and the Conduct of Nigeria’s 2007 General Elections: A Review (Poster)" Paper presented at the annual meeting of the ISPP 31st Annual Scientific Meeting, Sciences Po, Paris, France, Jul 08, 2008 <Not Available>. 2013-12-14 <http://citation.allacademic.com/meta/p237316_index.html>

APA Citation:

Fagbadebo, O. and Akinbuwa, A. A. , 2008-07-08 "Judicial Activism and the Conduct of Nigeria’s 2007 General Elections: A Review (Poster)" Paper presented at the annual meeting of the ISPP 31st Annual Scientific Meeting, Sciences Po, Paris, France <Not Available>. 2013-12-14 from http://citation.allacademic.com/meta/p237316_index.html

Publication Type: Paper (prepared oral presentation)
Abstract: Abstract

Preparations for and the conduct of the April 2007 elections in Nigeria were greeted with criticisms and expression of pessimism. This lack of trust in the process at and the outcomes was exacerbated by the overt and covert measures by the government through the electoral body, to subvert the rule of law. Acrimonious intra-class struggle for political power among the various factions of the ruling class led to political scheming to exclude some candidates from participating in the elections. The Nigerian political environment provides the template for such political cauldron as the abuse of the power of incumbency by the ruling political party ha become an entrenched political culture. Generally, the judiciary remains the only statutory organ that protects the rights of the citizens against despotism and anarchy by the political branches. The resurgence of judicial activism in the Nigerian judiciary in recent times has raised the optimism that it can reclaim its seemingly lost status as the citizens’ bulwark against the invasion of liberty.
This paper takes a review of the series of judicial intervention in the preparations for and the conduct of the 2007 elections in Nigeria. Judicial review of the decisions of the Independent Electoral Commission (INEC) has shattered the orchestrated plan to construct an hegemonic structure within the strata of the ruling political party as well as in the national political landscape through the politics of exclusion. It has been discovered that judicial activism has elevated the judiciary from its weak position to the status of a true pillar for democratic consolidation in Nigeria. If this is sustained, the precedents would serve as reference points for further adjudication in the Nigerian political system.

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