Abstract
This thesis critically examines the intricate relationship among electoral law, democratic practice, and development in Nigeria’s Fourth Republic, with a specific focus on the potential of electronic voting (e-voting) to enhance electoral and legal accountability. It undertakes a comprehensive and critical investigation into the complex interplay between electoral jurisprudence, the practical enactment of democracy, and the trajectory of democratic development in Nigeria. The purpose of the inquiry is to investigate the potential of Electronic Voting (e-voting) to serve as a transformative mechanism for achieving profound electoral and legal accountability.Nigeria’s democratic journey has been persistently hampered by a crisis of legitimacy stemming from deeply flawed electoral processes. Despite numerous legal reforms dating back to 1999, including the landmark Electoral Act 2022, elections remain characterised by allegations of fraud, violence, and institutional mistrust, which in turn fuel protracted post-election litigation and undermine political stability. Significantly, there is a deficit of trust between voters and their representatives.
This thesis argues that the nation’s electoral legal framework, while progressively improving, has been insufficient in curbing malpractices inherent in the electoral system. This system’s vulnerability to manipulation creates a fundamental disconnect between the electorate’s will and the announced outcomes. Consequently, the judiciary is often burdened with resolving disputes based on conflicting evidence, a process that undermines legal accountability and frequently erodes public trust.
This study posits that the integration of a well-designed e-voting system represents a paradigm shift and demonstrates how such technology can directly fortify electoral integrity by minimising human interference, ensuring accurate results, and providing a verifiable process. Crucially, this thesis contends that part of this process, especially e-voting, is not merely a technical tool but a mechanism for strengthening legal and electoral accountability. By generating immutable legislation, it can empower the judiciary to adjudicate electoral petitions more effectively, shifting the burden of proof and enabling rulings based on less reliance on administrative efficiency, to a robust democratic culture. This thesis will analyse the sequential amendments to the electoral legal framework, culminating in the Electoral Act 2022, and argues that while these legal instruments have progressively expanded administrative capacities and outlined procedural norms, they have consistently failed to effectively curb the endemic malpractices that plague the electoral process.
A central pillar of this thesis is its examination of the effects on the judiciary and the principle of legal accountability, demonstrating how the prevailing electoral system generates a litigation environment fraught with complexities. This not only overwhelms the judicial system but also erodes public confidence in the judiciary’s neutrality, thereby breaking a critical link in the chain of democratic accountability.
Ultimately, this thesis concludes that adopting a transparent and secure e-voting system, underpinned by a robust legal mandate, is a necessary step forward for Nigeria. It represents the most viable strategy for breaking the cycle of electoral and legal inconclusivity, thereby fostering public confidence, ensuring that elected officials are truly accountable to the citizenry, and consolidating the practice and development of a substantive democracy in Nigeria. Apart from the necessity of elections as an important and relevant institution of democratic development, the question is whether electoral law has been influential in establishing an environment conducive to the promotion of democracy in Nigeria.
| Date of Award | May 2026 |
|---|---|
| Original language | English |
| Awarding Institution |
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| Supervisor | Adaeze Okoye (Supervisor) & Victor Ediagbonya (Supervisor) |
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