Constitution amendment: Reps move to stop gov’ship election cases at A/Court

Constitution amendment: Reps move to stop gov’ship election cases at A/Court

The House of Representatives on Tuesday passed for second reading, a bill seeking to amend the 1999 Constitution of the Federal Republic of Nigeria to make the Court of Appeal the final arbiter in disputes involving governorship, National and State House of assembly elections.

The bill is among the 39 constitution amendment bills that were passed through second reading on the floor of the House.

The passage of the bills comes as the House prepares to go on Sallah and Easter breaks and on the heels of the controversy that trails the adoption of the declaration of state of emergency declared by President Bola Ahmed Tinubu in Rivers State last week.

The bills were passed after they were presented for second reading through a motion by the House Leader, Rep. Julius Ihonvbre and referred to the House Committee on Constitution Review, chaired by the Deputy Speaker, Benjamin Kalu, for further legislative actions.

The proposed legislation was sponsored by the lawmaker representing Ndokwa East/Ndokwa West/Ukwani Federal Constituency of Delta State, Nnamdi Ezechi.

Daily Trust reports that before now, electoral disputes involving governorship election are decided by the Supreme Court as the final arbiter, while that of the National and State Assemblies end at the Court of Appeal.

However, the proposed amendment seeks to abridge the timeline involved in deciding governorship election disputes by making the Appeal Court the final arbiter.

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Leading the debate on the general principles of the bill, Ezechi said the proposed legislation seeks to alter the provision of sub-section (3) of Section 246 of the 1999 Constitution as amended.

He said the bill seeks to delete the existing subsection (3) and substitute a new subsection (3) to read, “The decisions of the Court of Appeal in respect of appeals arising from the Governorship, National and State Houses of Assembly election petitions shall be final.”

He said, “Mr Speaker, the Constitution of the Federal Republic of Nigeria (Second Alteration) Act of 2010 altered Section 246 subsection (1) by providing in paragraphs (b) and (c) that appeals to the Court of Appeal shall be as of right from the decisions of the National and State Houses of Assembly and decisions of the Governorship Election Tribunals as to whether a person has been validly elected as a lawmaker or a governor or whether his tenure has ceased or his seat has become vacant.

“The second alteration specifically provided in Section 246 subsection (3) that the decisions of the Court of Appeal arising from the National and State Houses of Assembly election petitions shall be final.

“However, the amendment did not say anything about the Governorship Election Petition, thereby allowing all governorship election petitions to proceed to the apex court (Supreme Court). This bill is trying to amend the present provision of Section 246 subsection (3) by making the Court of Appeal the final appeal court for all election petitions.”

Justification for amendment

According to the PDP lawmaker, “This would enable the final winner of a governorship election to be known without delay. If the person declared as winner by the Independent National Electoral Commission wins in the Court of Appeal, it would allow him to settle down and face the business of governance without distraction.”

He also noted that terminating election disputes at the appellate court would save costs, saying, “If such petitions end in the Court of Appeal, it would reduce the financial resources being wasted by the parties in prosecuting such cases to the Supreme Court.”

He continued, “We should note that the original provision of Section 246 (1)(b) stated that an appeal shall lie as of right from the decisions of the National Assembly Election Tribunals and Governorship and Legislative Houses Tribunals on the issues mentioned above.

“Subsection (3) of the said section clearly stated that the decisions of the Court of Appeal in respect of appeals arising from election petitions shall be final.”

Constitution amendment: Reps move to stop gov’ship election cases at A/Court