Advances in Social Sciences Research Journal – Vol.4, No.12 Publication Date: June. 25, 2017 DoI:10.14738/assrj.412.3239. Genyi, G. A., & Ortom, E. (2017). Deciding Elections in Africa: Comparative Role of the Courts and the Ballot Box in Nigeria and Kenya. Advances in Social Sciences Research Journal, 4(12) 141-149. Copyright © Society for Science and Education, United Kingdom Deciding Elections in Africa: Comparative Role of the Courts and the Ballot Box in Nigeria and Kenya Dr. George A. Genyi Federal University Lafia-Nigeria Dr. Eunice Ortom Benue StateUniversity, Makurdi ABSTRACT Democratic sustenance is critical to democratic stability and the conduct of free, fair and credible elections is logically instrumental to institutionalizing the democratic culture in Africa. Post election peace is an obvious sign of this libertarian competitive process to power. There are signs of resilient progress along this continuum in Africa and a necessary facilitator of this process is the court system because democratic elections represent a contest that its outcome could be subject to legal challenges. This paper argues that shifting to the courts to decide election outcomes is not to substitute the ballot box with the judiciary as the principal mechanism for conferring victory but to underscore the relevance of the rule of law in the institutional process of post- election peace building. Contemporary electoral experiences in Kenya and Nigeria offer useful insights into the role of the courts in affirming democratic principles and mechanisms for entrenching democratic peace through merit based judicial outcomes rather than the resort to technicalities that seek to uphold ‘injustice’ rather than the triumph of the ballot choice already established through the sanctity of elections. Electoral laws of evidence should be amended to shift the burden of proof to the respondent so that substantive justice can be achieved rather than seeking refuge in technicalities that should not be the prime issues in dispute. Keywords: democratic peace, elections, judiciary INTRODUCTION Sustainable democracy is crucial to democratic stability. At the Centre of this nexus are elections which fundamental qualities of free and fairness enhance their credibility as a mechanism for mediating competition for elective office. Thus free, fair and credible election forms the cornerstone of institutionalizing a democratic culture that upholds transparent and accountable electoral process, within the framework of the rule law. Free and fair elections are therefore the cornerstone of liberal democracy and the primary mechanism for activating the principle of sovereignty of the electorate. Through elections citizens also actively participate in the governance process by deciding who earns their consent to rule. Elections are therefore an indispensable attribute of liberal democracy (Iwejuo, 2011) and institutionalizing the peaceful conduct of free and fair election is essential toward democratic sustenance and stability The African continent has continued to grapple with the challenges of conducting credible election given that election outcomes in different countries have been very contentions. The experience of Nigeria and Kenya are very illustrative as the 2007 and 2011 elections in Kenya and Nigeria respectively indicate. This contention arises from the way in which elections are conducted and which are usually characterized by obvious irregularities. Electoral misdemeanor is common place in Africa and the examples of elections in Nigeria and Kenya have revealed malpractices such as rigging and violence. Ballot stuffing and snatching,