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Apart from creating a conducive atmosphere for conducting free and fair elections, which I will deal
with in the final section of this paper, there is need for the creation of an independent Electoral
Court that is composed of competent, impartial judges capable of expeditiously dealing with
election petitions in the shortest possible period to avoid raging electoral conflicts. Subsequent to
the nullification of the Electoral Court by the Supreme Court on the grounds that its composition
was unconstitutional, there needs to be provision for the establishment of a truly independent
Electoral Court with adequate provision for the speedy resolution of disputes. (Election Petitions
should be resolved within 6 months.) There is also need to complement the judges of the Electoral
Court with staff, equipment and adequate resources.
In considering all these, one needs to be mindful of the fact that there is need for political will in
order to embrace electoral reforms and abide by constitutions. All players should cultivate a
democratic electoral culture. Political tolerance should be fully embraced and practiced. It is
necessary to encourage intra party democracy. There is need for enforceable codes of conduct for
political parties, crafted in an all-inclusive transparent process. Penalties need to be punitive
enough to ensure compliance.
There is also need to make attempts at conflict management processes, rather than conflict
resolution so that election-related conflicts are dealt with amicably without going to court. The
electoral legislative framework also needs to be mindful of the prevailing political culture of the
country. The Electoral Management Body (EMB) needs to be particularly vigilant and ensure that
the enabling electoral legislative and regulatory environment provides for effective conflict
resolution mechanisms, both formal – through the Courts and informal – through alternative dispute
resolution processes. Even though there may not be a history of consensus building and
negotiation in the country, it is incumbent upon the EMB, by way of its various fora such as the
Conflict Management Committees (CMCs) and Party Liaison Committees (PLCs) to encourage a
culture of compromise where problem solving rather than conflict and civil strife is promoted.
The Courts too need to take into account the context in which they are operating during election
periods. Long delays in hearing petitions and complaints and providing judgments can only
exacerbate political tensions, which will have an impact on the credibility and legitimacy of the
elections. These delays could also result in the electoral process being held to ransom by
postponements and rescheduling of polling. It is therefore critically important that the Court, be it