Free & Fair Election & Representative Government in Nigeria: Some Legal Options
The rights of individuals in any democratic society are guaranteed in constitution and the various International Conventions on Civil and Political Rights instrument including the right to vote and be voted for in an election. Free and fair election means that every adult citizen of 18 years and above has the right to be registered as a voter, right to vote and stand for election, right to become a member of any political party, right to express his opinion, move freely and the right to associate and assemble with others, and should not be deprived of these rights except under the prescription of the law or in the execution of the judgment of court of competent jurisdiction. This study proposed that in-spite of legal instruments, elections in most countries of the world are often marred by violence, imposition of candidates, impunity, violation of fundamental freedoms and other forms of illegalities perpetuated by political actors. This study seeks to examine these electoral malfeasances and proffer some legal options that promote free and fair election in Nigeria. The work adopts the Doctrinal Research Method which seeks to analyze the concept, free and fair election. Materials for this work were sourced from secondary sources. Findings from the work show that it is not because there are no laws to ensure free and fair and indeed reprimand perpetrators of election malpractices, but because most countries of the world have weak institutions and strong individuals who manipulate the electoral process in their favour with impunity particularly in countries often afflicted by endemic corruption. The work recommends that Nigeria should build strong institutions, adopt electronic voting system, criminalize election malpractices and corruption and ensure independence of the INEC and the judiciary, as panacea for free and fair elections in the country.
