ABSTRACT
Democracy is a major path to national development in modern times. Yet, it has suffered some pockets of setbacks, especially in some African states, including Nigeria, where acquisition of political power in the pre-colonial period lacked experience of the competition by which modern democratic governance is characterised. At the end of colonial rule, neopatrimonialism took over the control of democratic process, culminating in client–patron relationships whereby electoral processes are manipulated to achieve selfish ends. Legal skirmishes thus seem endless in the Nigerian polity. In this sense, the judiciary, through election petition tribunals, becomes an important institution for correcting the anomalies associated with electoral conduct when electoral contests shift from the polling booth to the “temple of justice”. This chapter examines the intricacies of election litigations and the burden of democratic consolidation on the judiciary. The study argues that only in a few instances has the judiciary discharged its constitutional duties in the electoral process creditably. The study concludes that when Nigerian political elites accept electoral victory and/or defeat in a spirit of sportsmanship and the judiciary remains upright, democratic consolidation will be entrenched.
