DOMESTIC IMPLEMENTATION OF THE AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE: A CASE STUDY OF NIGERIA BETWEEN 2011 AND 2015
DOMESTIC IMPLEMENTATION OF THE AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE: A CASE STUDY OF NIGERIA BETWEEN 2011 AND 2015
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Date
2021-03
Authors
SANI, Usman
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Abstract
It is the habit of some African leaders to remain in power till they reached their death that is why
even in countries where democratic government is practiced, some leaders make attempts to
amend constitution in order to extend power. Political crises and insecurity become rampant in
some African countries. These are mostly where elections are marred or the incumbent refuse to
concede defeat and relinquish power to the winning party or candidate. Corruptions, insincerity
of purpose are common traits of most African Leaders.The involvement of people of a state or
polity in decision making about the affairs of their government is the unique feature of the
Democracy. The African Union joined the international community in recognizing Democracy as
the most acceptable system of government and therefore adopted the African Charter on
Democracy, Elections and Governancein the 2007. Prior to the inception of the Charter on
Democracy, Nigeria has been operating under democratic governance since 1999 to date.
However, corruption insincerity of purpose and lack of accountability characterize most of the
Nigerian Leaders. Consequently, the enjoyment of democratic dividend becomes difficult for
Nigerians. Now that Nigeria has signed and ratified the Charter on Democracy, this work
examines Nigerian Democratic governments in order to find out whether or not they are in
compliance with provisions of the Charter on Democracy.The research is doctrinal, which
consulted many statutes, case laws, textbook, articles, etc. The research found that many African
countries signed and ratified the African Charter on Democracy Elections and Governance but
refused to domesticate it. The consequence of it is changes or amendment of their National
Constitutions to elongate the tenure of office of their leaders.There are abundant laws aiming at
promoting rule of law and good governance in Nigeria, but the level of official corruption
suggested that the rule of law in Nigeria is more of myth than reality. Reason being many cases
relating to corruption were never investigated let alone punishing the guilt. The research
recommended that Nigeria should domesticate Charter on Democracy and strengthen our
domestic electoral and anticorruption laws and bodies. There shall be impartial application of the
anticorruption laws against anybody found to be in its violation by the law enforcement agencies
and courts.
Description
A THESIS SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES,
AHMADU BELLO UNIVERSITY, ZARIA
IN PARTIAL FULFILLMENT FOR THE AWARD OF MASTER OF LAWS DEGREE
(LL.M)
DEPARTMENT OF PUBLIC LAW,
FACULTY OF LAW,
AHMADU BELLO UNIVERSITY,
ZARIA, NIGERIA
Keywords
DOMESTIC IMPLEMENTATION,, AFRICAN CHARTER,, DEMOCRACY, ELECTIONS AND GOVERNANCE,, CASE STUDY OF NIGERIA