DEROGATION FROM THE TENETS OF CONSTITUTIONALISM AND RULE OF LAW: THE BANE OF POLITICAL AND ELECTORAL GROWTH IN SUB-SAHARA AFRICA

Abstract

Politics and elections across the globe are propagated and guided by the principles of constitutionalism and the rule of law. This paper interrogates the derogation from constitutionalism and the rule of law in participatory democracy in Nigeria and sub-Sahara Africa. The constitution of the Federal Republic of Nigeria 1999 (as amended), Electoral Act 2022 (as amended), International Laws and treaties and legal instruments constitute the legal framework for politics and elections in Nigeria. This paper found that these laws and instruments are not strictly adhered to by the political actors in Nigeria and sub-Sahara African countries. The doctrinal research methodology was adopted in carrying out this research. It is concluded that the derogation from the laws and rules guiding politics and elections in Nigeria and sub-Sahara Africa has orchestrated bad governance, protracted election litigations and this has made politics uninteresting as it has heralded mediocrity in governance and adversely affected national growth and development. It is suggested that sanctions should be imposed on the persons responsible for the flaws in politics and elections in Nigeria; that the judiciary should rise up to the challenges and uphold the sanctity of the rule of law and constitutionalism; international and non-governmental organizations should wake up to the challenges and effectively re-double their efforts towards monitoring and observing elections; direct primaries, independent candidacy and electronic voting system should be entrenched in the Electoral Act