Kampala International University Law Journal

The jurisprudence of the supreme court in electoral matters and the reality of the sui generis doctrine

KIULJ ID: 68b53793b8 May 31, 2024

The jurisprudence of the supreme court in electoral matters and the reality of the sui generis doctrine

Akin Olawale Oluwadayisi, Omoniyi Bukola Akinola, Remi Peter Olatubora
Published May 31, 2024 Pages 108-129 DOI: 10.59568/KIULJ-2024-6-1-06

Article Abstract

The jurisprudence of a court refers to the collective body of legal principles, doctrines, and decisions that guide the court's decisions and interpretations of the law. It encompasses the court's philosophical approach to legal issues, its methods of legal analysis, and its precedents and decisions. The jurisprudence of a court evolves over time, reflecting changes in societal values, legal scholarship, and the court's composition. It is essential to understanding the court's decisions and predicting future outcomes. The jurisprudence of the Supreme Court in electoral matters revolves around the antecedents and trends of the Supreme Court in deciding cases based on sui generis. This paper aims to critically appraise the application of the doctrine of sui generis as it applies to the adjudication of cases concerning election matters in Nigeria. It beams the searchlight on the Supreme Court and the effect of many decisions held based on the sui generis principle as it concerns electoral adjudication. The methodology of approach and appraisal is doctrinal and analytical. The findings are that the Supreme Court of Nigeria and the election tribunals have greatly enriched electoral jurisprudence. However, the holding of some cases based on the doctrine has been criticised for the negative effect it has on the doctrine of stare decisis and ‘substantial justice’. The paper makes recommendations that will assist the Supreme Court of Nigeria enhance its electoral jurisprudence, addressing criticisms, and strengthening the integrity of the judiciary in its adjudicatory role in the electoral process.

Indexed Terms

Electoral disputes Jurisprudence Sui generis Supreme Court Democratisation Nigeria
Citation

How to Cite this Article

Akin Olawale Oluwadayisi, Omoniyi Bukola Akinola, Remi Peter Olatubora. "The jurisprudence of the supreme court in electoral matters and the reality of the sui generis doctrine." Kampala International University Law Journal , vol. 6 , no. 1 , 2024 , pp. 108-129 . DOI: 10.59568/KIULJ-2024-6-1-06

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