The first liberation is said to have come between the 1960s and 1970s, when several states emerged after gaining independence from the colonial powers.9 This phase was characterised by the emergence of nationalist states, with many, after a short time, establishing one-party states. There were only a few exceptions.10 The second phase came in the 1990s, when many countries ended one-party rule and embraced multi-party systems, at least on paper, holding periodic elections. In many countries, however, the elections were characterised by ruling parties dominating the elections over a weak, fragmented, and in some cases, repressed opposition, and by only limited enjoyment of wider political rights such as freedom of expression and of association.11 These are characterised as “limited democracies.” Since then, elections have become a source of both excitement and misery in many African countries. Said Adejumobi in a piece written as early as 2000 summarised the scepticism with elections in Africa:12 The precepts, structures and processes of elections are mostly characterized by reckless manipulations, the politics of brinkmanship and subversion. Thus, the role and essence of elections in a democracy are highly circumscribed in terms of expressing the popular will, engendering political changes and the legitimation of political regimes. The present tendency is to regard elections not as catalyst, but as a devalued element of the democratic process in Africa.13 SINCE THEN, ELECTIONS HAVE BECOME A SOURCE OF BOTH EXCITEMENT AND MISERY IN MANY AFRICAN COUNTRIES 9 10 11 12 13 14 In some countries, elections became the new “coup d’état,” replacing the overthrow of political leaderships using military force and were characterised by reprisals against agents and supporters of subdued regimes. Elections became the new tool of political legitimation, a strategy to put a veneer of democracy on military regimes. Pseudo-democracies emerged, holding regular but “bogus” elections characterised by use of force against opposition leaders and their supporters. Ballot box stuffing and outright alteration of election results became the order of the day. This has been the foundation of democratisation on the Continent. According to The Economist, “most leaders now seek at least a veneer of respectability; elections have become more frequent and more regular.”14 Although things have been changing, there has not been a uniform approach across the continent. Some countries have been able to “sanitise” their electoral processes, in some cases progressively building democratic elections. Some countries have remained stuck. What is clear, though, is that progress in many countries has been a result of the struggles of several stakeholders. This has included advocates for law reform, election observers, inter-governmental agencies, political groups, academicians, and the courts. All these actors have worked both independently and jointly to ensure that all stages of elections are free and fair. In recent times, one of the key players in catalysing progress with elections are judiciaries and other quasi-judicial and administrative electoral dispute resolution (EDR) mechanisms. Courts and dispute resolution mechanisms in some countries have taken bold steps in discharging their constitutional mandate of adjudicating electoral disputes. The courts have, for instance, in some cases annulled what they adjudge to be irregular elections not held according to the law. This has in some countries included presidential elections. Moreover, the courts would not have taken the bold steps Wondwosen, Teshome “Democracy and Elections in Africa: Critical Analysis” (2008) International Journal of Human Sciences 5. Senegal, Namibia and Botswana are some of the examples. Wondwosen, op. cit., at p 8. Adejumobi, Said “Elections in Africa: A Fading Shadow of Democracy?” (2000) 21 International Political Science Review, pp. 59-73. Adejumobi, op. cit., pp 59 – 60. The Economist “Political reform stalls: Africa’s fragile democracies,” Aug 2016, available at <https://www.economist.com/leaders/2016/08/20/africas-fragile-democracies> (accessed on 17th August 2020). 3