Legislative Intent and Judicial Interpretation: A Case Study of the Electoral Act, 2022
Thesis
This research is an exposition of the relationship dynamics between the legislative intent and judicial interpretation, how legislative drafters can reflect the legislative intent and improve the drafting process to minimise ambiguity and improve the quality of legislation and implementation in Nigeria using the Electoral Act 2022 as a case study. The justification of this research was the need to examine if there is a relationship between the legislative intent and judicial interpretations of the Electoral Act. The research adopted the doctrinal research methodology and relied on primary and secondary source materials. Primary source materials used include the Constitution of the Federal Republic of Nigeria 1999 (as altered), Electoral Act, Hansard Reports, and case laws. Secondary source materials used include textbooks, articles, newspapers, and internet materials. The finding on the first research objective is that in the Electoral Act, the legislative intent was that the National Assembly gave INEC the discretion to determine the mode of transmission of results. The finding on the second research objective showed that there was no obvious dichotomy between the legislative intent and the judicial interpretations of the court with regard to electronic voting, as the courts interpreted the provisions based on the clear meaning of the provisions. However, due to divergent decisions of courts on some provisions of the Act, it was opined that if the provisions on the electronic voting system were well legislated, little would be left to the discretion of the judiciary, as well as ensuring uniformity in their judgments. The finding on the third research objective noted that to minimise ambiguity and under legislation of some electoral procedures like the electronic voting system, the legislative drafter is required to conduct research into electoral laws of other jurisdictions, articulate and translate the intent of the legislature in the future amendments of the Electoral Act to achieve qualitative election practices. The finding on the fourth research objective demonstrated that Nigeria can adopt some electoral practices from other jurisdictions, such as the voter-verified paper audit trail (VVPAT) in the electoral process and the blockchain technology to enhance the elections. The research recommended that the process of the electronic voting system, should be adequately covered in subsequent amendments to the Electoral Act to minimise ambiguity and enable the judiciary to determine the legislative intent with ease. The research also recommended that the courts utilise the extrinsic aids of interpretation, like the Hansard Report, in coming to judicial conclusions in electoral cases. It also recommended that the legislative drafter adopt comparative legislative drafting and research to identify which technology best suits the electoral process in Nigeria to draft electoral laws devoid of ambiguity. The research also recommended the adoption of electoral practices from other jurisdictions to improve the electoral process. From the findings of this research, it is concluded that the Electoral Act is due for an amendment, especially as regards the electronic voting system and all other lacunae discovered when the Electoral Act was subjected to judicial interpretation in the last general elections.