Electoral Act: Appeal Court Moves to Save Governors Whose Deputies Are Disqualified

•Says winners shouldn’t be sworn in until courts determine appeals against them

•Wants pre-election matters terminated at the appellate court

Sunday Aborisade in Abuja

The Court of Appeal, yesterday, proposed an amendment to the Electoral Act, which would ensure that a governor whose deputy has been disqualified by a competent court of law was sworn-in and allowed to nominate another running mate

The Supreme Court had Thursday, February 13, 2020, sacked David Lyon of the All Progressives Congress (APC) as governor-elect of Bayelsa State, barely 24 hours to 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).

But, the appellate court in its proposal at a three-day retreat on amendments of the 1999 Constitution and the Electoral Act 2022 by the National Assembly in Abuja, explained that the anomaly should be addressed.

The retreat was put together 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, 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 by the President, Court of Appeal, Hon.  Justice Monica Dongbam-Mensem, was presented to the NASS panel by the duo of Justices Peter Olabisi Ige and Abba B. Mohammed at the event, attended by the leadership of registered political parties in Nigeria.

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 state clearly 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), she said, should read 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) 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 into the Section 246 (3) which states that, the decision of the Appeal Court in relation to the pre-election matters shall be terminated at the Appeal Court.

“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,” the proposal read.

Similarly, the Appellate Court sought amendment to Section 285(7) & (12) of the Constitution on the need to dispose of, all litigation arising from elections within 60 days.

The proposed amendment to Section 285(7) of the 1999 Constitution, the Appellate Court states:

 “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.

“285 (12) of the 1999 Constitution: –  ‘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 sought to an amendment of Section 285 of the Constitution by inserting a new subsection 15.

The proposed amendment read that, “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.”

The appellate court, however, advised the National Assembly panel to consider the harmonisation of the Electoral Act and the INEC guidelines especially on matters that have to do with the use of technology during elections.