DOMESTIC IMPLEMENTATION OF THE AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE

(A CASE STUDY OF NIGERIA BETWEEN 2011 AND 2015)

By

Author

Presented To

Department of Law

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.