The Appeal Court has recommended constitutional changes to ensure that a governor’s election remains valid even if his deputy is disqualified.
On Tuesday, the Court of Appeal proposed an amendment to the Electoral Act. This amendment would ensure that a governor, whose deputy has been disqualified by a competent court of law, could still be sworn in and allowed to nominate another running mate.
The context for this proposal dates back to Thursday, February 13, 2020, when the Supreme Court sacked David Lyon of the All Progressives Congress (APC) as governor-elect of Bayelsa State, just 24 hours before his inauguration. Lyon had won the November 2019 governorship election, but a five-member panel of the apex court, led by Justice Mary Odili, nullified his election because his deputy, Biobarakuma Degi-Eremienyo, presented false information to the Independent National Electoral Commission (INEC).
The appellate court, during a three-day retreat on amendments to the 1999 Constitution and the Electoral Act 2022 organized by the National Assembly in Abuja, highlighted the need to address this issue. The retreat was organized by the Joint National Assembly Committee on Electoral Matters in collaboration with the Policy and Legal Advocacy Centre (PLAC).
The session on the Judiciary was presided over by the Chairman of the Senate Committee on Electoral Matters, Senator Sharafadeen Ali, his counterpart in the House of Representatives, Hon. Adebayo Balogun, and the Executive Director of PLAC, Clement Nwankwo.
The proposed amendments were presented to the National Assembly panel by Justices Peter Olabisi Ige and Abba B. Mohammed on behalf of the President of the Court of Appeal, Hon. Justice Monica Dongbam-Mensem. Among these, the President of the Appellate Court specifically sought an amendment to Section 187 of the 1999 Constitution to include a new Section 187(1).
The justice explained that Subsection (1) (A) & (B) should clarify that the disqualification or non-qualification of a deputy governor shall not affect the governor-elect or governorship candidate of a political party.
The proposed Section 187 (1) (A) should state that: “The removal of a deputy-governor or deputy-governorship candidate on account of qualification or disqualification by a Court or Tribunal shall not affect the election of a governorship candidate or governor-elect.”
Section 187 (1) (B) should state: “If a deputy governor or deputy-governorship candidate is removed by a Court or Tribunal, the governor or governorship candidate shall have the right to nominate another person as deputy-governor or deputy-governorship candidate.”
The Appellate Court also proposed an amendment to Section 246 (3), which states that the decision of the Appeal Court in relation to pre-election matters shall be final: “The decisions of the Court of Appeal in respect of appeals arising from the Governorship, National, and State Houses of Assembly election petitions and all pre-election matters shall be final.”
Similarly, the Appellate Court sought an amendment to Section 285(7) & (12) of the Constitution, emphasizing the need to dispose of all litigation arising from elections within 60 days.
The proposed amendment to Section 285(7) of the 1999 Constitution reads: “An appeal from a decision of an election tribunal or Court of Appeal in all election matters shall be heard and disposed of within 60 days from the date an appeal is entered in the Court of Appeal or the Supreme Court.”
Section 285 (12) should state: “An appeal from a decision of a Court in a pre-election matter shall be heard and disposed of within 60 days from the date an appeal is entered in the Court of Appeal or the Supreme Court.”
The Court also proposed amending Section 285 of the Constitution by inserting a new subsection 15. The proposed amendment reads: “Section 285(15) of the 1999 Constitution – All Pre and Post-Election Matters shall be heard and determined before the winners of the election take the oath of office.”
Additionally, the appellate court advised the National Assembly panel to consider harmonizing the Electoral Act with INEC guidelines, particularly concerning the use of technology during elections.
