ELECTORAL ACT 2022 AND THE PROSPECTS OF FREE AND FAIR ELECTIONS

Abstract

The Electoral Act 2022 (the Act) has repealed the Electoral Act No 6, 2010 and now regulates the conduct of federal, state and area councils elections. The Act also makes provisions, inter alia, for restriction of qualification for elective office to the relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (CFRN); the use of card readers and other devices in elections and political party primaries; criteria for substitution of candidates; limits of campaign expenses and the omission of names of candidates or logo ofpolitical parties. One of the significant developments in the Act is the jurisdictional restriction of all pre-election matters to the Federal High Court in its section 84(14)'. Prior to the amendment of the Act, the jurisdiction to determine federal and state pre-election matter was principally vested jointly in the Federal High Court, State High Court and the High Court of The Federal Capital Territory pursuant to Section 87 (9) of the old electoral Act 2010. Pre-election matter and litigation essentially refer to intra-party disagreement arising from issues of qualification, disqualification, nomination, substitution, wrongful omission, false declaration, on oath, conduct of primaries and sponsorship of candidates for general elections. This work adopts the doctrinal research methodology and uses statutory and case law, internet resources, journals and other literal juristic works to achieve its purpose.