Conflicting Judicial Decisions and Operation of Administrative Agencies in Nigeria: A Study of the Independent National Electoral Commission (INEC)
Authors
Department of Public Administration, Faculty of Management Science, Federal University Lokoja, Lokoja¬ (Nigeria)
Department of Public Administration, Faculty of Management Science, Federal University Lokoja, Lokoja¬ (Nigeria)
Article Information
Publication Timeline
Submitted: 2025-12-21
Accepted: 2025-12-26
Published: 2026-06-18
Abstract
This paper examines the problem of conflicting judicial decisions and their impact on the operation of administrative agencies in Nigeria, focusing on the Independent National Electoral Commission (INEC). It explores how judicial inconsistencies arising from forum shopping, overlapping jurisdictions, and political interference undermine administrative stability and the effective implementation of public policy. Employing a qualitative legal and empirical research methodology, the study draws on doctrinal analysis, supported by empirical evidence from reported cases, institutional reports, and scholarly literature. Findings reveal that inconsistent judicial pronouncements, particularly in election-related cases, create legal uncertainty, operational confusion, and reputational challenges for INEC. These conflicts disrupt electoral timelines, weaken public confidence in democratic institutions, and erode key administrative law principles such as legality, consistency, and predictability. The paper further analyses the tension between judicial review and administrative discretion, highlighting how excessive judicial interference in administrative functions can compromise institutional autonomy. Comparative insights from other common law jurisdictions, including the United Kingdom and India, demonstrate that judicial coherence, strict adherence to precedent, and strong case management systems are vital for maintaining legal uniformity. It concludes that achieving judicial coherence and administrative stability in Nigeria requires strengthened judicial discipline, clearer jurisdictional boundaries, and procedural reforms to curb forum shopping. The paper recommends the establishment of centralised case databases, enhanced National Judicial Council oversight, and greater respect for administrative discretion. A balanced relationship between the judiciary and administrative agencies is essential for upholding the rule of law and sustaining Nigeria’s democratic governance.
Keywords
Judicial decisions, INEC, administrative law, judicial review, electoral governance
Downloads
References
1. Adewoye, O. (2021). Judicial independence and the challenges of political interference in Nigeria. University of Lagos Press. [Google Scholar] [Crossref]
2. Aguda, T. A. (2019). The practice of Nigerian administrative law. Spectrum Books. [Google Scholar] [Crossref]
3. Asein, J. O. (2020). Judicial consistency and the rule of law in Nigeria. Nigerian Journal of Public Law, 11(2), 45–62. [Google Scholar] [Crossref]
4. Ayoade, J. A. (2018). Electoral management bodies and judicial intervention in Nigeria’s democratic process. African Journal of Legal Studies, 6(1), 33–50. [Google Scholar] [Crossref]
5. Eze, C. I. (2022). Forum shopping and conflicting judicial orders in Nigerian election litigation. Nigerian Bar Journal, 15(1), 77–93. [Google Scholar] [Crossref]
6. Federal Republic of Nigeria. (1999). Constitution of the Federal Republic of Nigeria (as amended). Federal Government Printer. [Google Scholar] [Crossref]
7. Ijalaye, D. A. (2017). Administrative discretion and judicial review in Nigerian law. Ifedapo Law Review, 5(3), 101–120. [Google Scholar] [Crossref]
8. Independent National Electoral Commission (INEC). (2023). Post-election review report of the 2023 general elections. INEC. [Google Scholar] [Crossref]
9. Nwabueze, B. O. (2018). Constitutionalism in the emergent states. HEBN Publishers. [Google Scholar] [Crossref]
10. Obi, P. C. (2021). Conflicting court orders and the stability of Nigeria’s electoral process. Nigerian Journal of Administrative Law, 9(1), 25–40. [Google Scholar] [Crossref]
11. Okorie, U. J. (2020). The role of the judiciary in ensuring electoral justice in Nigeria. African Journal of Law and Governance, 8(2), 58–74. [Google Scholar] [Crossref]
12. Omotola, J. S. (2019). Democracy and electoral integrity in Nigeria. Centre for Democracy and Development. [Google Scholar] [Crossref]
13. Supreme Court of Nigeria. (2022). Chief Adebayo v. INEC & Anor (SC/233/2022) [Unreported judgment]. [Google Scholar] [Crossref]
14. Ugochukwu, F. O. (2021). Judicial review and administrative accountability in Nigeria: Emerging trends. Nigerian Journal of Public Law, 12(1), 65–80. [Google Scholar] [Crossref]
15. United Kingdom Supreme Court. (2016). R (Miller) v Secretary of State for Exiting the European Union [2016] UKSC 5. [Google Scholar] [Crossref]
Metrics
Views & Downloads
Similar Articles
- Ayurveda and Skin Health: A Comprehensive Framework for the Management of Dermatological Disorders
- Gender and Political Exclusion: An Analysis of Women's Marginalization in India's Democracy
- Safety Standards Compliance among Universities Employees in Nairobi County, Kenya During the Covid-19 Pandemic
- Cedi Appreciation Relative to Fuel Prices - A Machine Learning and Ancient Geomantic Approach