THE EROSION OF DEMOCRATIC SOVEREIGNTY IN NIGERIA: ASSESSING THE ROLE OF LEGALISTIC STRATEGIES

Résumé

This article examines the erosion of democratic sovereignty in Nigeria and the role of legalistic strategies in perpetuating this erosion. It defines legalistic strategies as the use of legal approaches and tactics to navigate the legal system and protect individual interests. These strategies can be observed in areas such as election petitions, constitutional interpretation, judicial processes, and legislative maneuvering. Lawyers defending individuals in power often employ legal technicalities, such as procedural defenses, presumption of innocence, legal immunity, evidentiary challenges, and exploiting legal interpretation and ambiguity. The article highlights the negative impacts of these strategies on democratic integrity, including the manipulation of the democratic process through legal loopholes, dilution of the electoral process and fairness, and reinforcement of societal divisions and polarization. It also discusses the erosion of public trust resulting from perceived manipulation of the legal system by powerful individuals, weakening citizens' faith in democratic institutions, and implications for civic engagement and participation. The article acknowledges potential counterarguments regarding positive contributions but emphasizes the need to strike a balance and enhance democracy by strengthening legal frameworks to prevent the exploitation of legalistic strategies.