Criminality and political violence in Nigerian politics: implications for human rights of electorate and principles of natural justice

Abstract

The electorate's rights to free and fair elections, freedom from fear and intimidation, and participation in genuine periodic elections guaranteed under the Nigerian Constitution (1999, as amended), the African Charter on Human and Peoples' Rights, and the Universal Declaration of Human Rights are systematically breached. Voter suppression, particularly in ethnically or politically contested areas along with gender-based threats and impunity for perpetrators, exacerbates secondary victimization and erodes public trust in institutions like the Independent National Electoral Commission (INEC). Moreover, these criminal elements contravene core principles of natural justice fairness, impartiality, audi alteram partem (right to be heard), and nemo judex in causa sua (no one should be judge in their own cause) by subverting electoral integrity through coercion, fraud, and violence rather than merit-based competition. This article analysed the interplay between criminalized politics, electoral violence, and rights violations, drawing on case studies from recent elections (notably 2023), judicial precedents, and comparative insights. Adopting the doctrinal and desktop methodology, the paper argued that persistent impunity perpetuated a cycle of insecurity and democratic erosion. Recommendations include strengthening electoral laws, establishing independent mechanisms for prosecuting political violence, curbing godfather influence through transparency in party financing, enhancing security for voters, and fostering accountability to restore electoral justice and uphold human rights obligations.