Judicial activism and intervention in the electoral process: are or should courts be an alternative?

The paper focus on the normative conception of the electoral process which has been well endorsed by a number of judicial decisions in the absence of a definitive interpretation of the concept in the Constitution (and all its Alteration Acts), the extant Electoral Act, 201010 and the Regulations and Guidelines for the Conduct of the 2019 Elections issued by the Independent National Electoral Commission (INEC). The author take bearings from the remark of Ariwoola JSC in National Democratic Party (NDP) v. INEC, where he said “There is no doubt that the issue in the instant appeal involves electoral process which is the method by which a person is elected to public office in a democratic society”(emphasis supplied).