Pre-election litigation arises from disputes within political parties prior to the main elections, stemming from a lack of internal democracy, violations of party guidelines, arbitrary replacement of candidates, and placeholder nominations. Post-election litigation, on the other hand, deals with disputes challenging the declared results of the general elections.
Pre-election lawsuits force courts to intervene in internal party affairs. However, courts are not designed to resolve political questions efficiently, and this often leads to situations where parties are legally blocked from fielding any candidates at all due to leadership struggles.
Post-election litigation also causes severe disruptions. Protracted legal battles have led to staggered election cycles across states, where governors are ousted months or years into their terms. Furthermore, conflicting judgments from courts of coordinate jurisdiction have created uncertainty, weakened the doctrine of stare decisis (legal precedent), and made it extremely difficult for INEC to execute its constitutional duties.
