CHAPTER 11: - Right to Participate in Government: - Article 13 1. Constitutional, Legislative and Judicial Measures  Though not explicitly provided for as a right under the constitution, the cumulative effect of sections 14 and 17 of the constitution is that: a) the Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice; b) the participation by the people in their government shall be ensured in accordance with the constitution such as: c) the ideals of freedom, equality and justice on which the state social order is founded; d) every citizen shall have equality of rights, obligations and opportunities before the law, in furtherance of the State social order; e) citizens’ right to elect and to be elected or the right to choose and participate in political decision without any discrimination and in accordance with the Electoral Act; f) citizen’s right to free and fair elections that is not characterized by an atmosphere of intimidation, electoral malpractices resulting into electoral violence and denial of the right to participate in democratic governance.  Electoral (Amendment) Act 2015 as amended: Establishes Independent National Electoral Commission (INEC) to conduct free and fair elections, conduct registration of political parties and monitor their compliance with the electoral law, among others.  The Courts have held that the right to free and fair elections is a major determinant of the right to participate in democratic governance without discrimination and abuse of legal power: - See Abubakar v. INEC (2004)1 NWLR (pt.854)207; Ngige v. Peter Obi and Ors (2006)14 NWLR (pt.999)1 CA at 66; Atiku and Action Congress and Ors v. INEC and Ors (2007) ALL FWLR (pt.353)3. 2. Measures to Ensure Free, Fair and Credible Elections  INEC Guidelines for Election Observation (2014-2015): - reflect the standards of Nigeria’s Electoral Act as well as the minimum standards for election observation, which Nigeria subscribes to as a sovereign member of the international community. More importantly, these Guidelines commit INEC to ensure the conduct of free, fair and credible elections wherein every Nigerian voter is entitled to lawfully express his or her choice through the ballot and to have this choice counted and respected.  Political Parties’ Code of Conduct (2013-15): - is anchored on, among other things, issues of respect for the rule of law, internal party democracy, and compliance with regulations on campaign finance and election matters. The Code emphasizes the need for adhering to the rules of the game in political competition, focus on issues rather than personalities especially in candidate and party campaigns and the need to promote and strengthen inter and intra-party dialogue as key elements in our collective effort to build more secure and credible electoral and political processes. The Code thus represents a significant departure in creating a mutually agreed framework for the conduct of political competition devoid of rancour but which, at the 62