The Court of Appeal is seeking to protect governors from disqualification for the electoral infractions caused by their deputies or running mates in a proposed amendment to the nation’s constitution.
The Supreme Court in 2020 sacked Bayelsa State’s governor-elect, David Lyon, due to the discrepancies in his running mate’s credentials.
Having adjudged the information Biobarakuma Degi-Eremienyo submitted to the Independent National Electoral Commission as inconsistent and false, the court nullified his candidacy, a decision that automatically disqualified Mr Lyon, who was gearing up to be sworn in as governor the following day.
The judgement came on the eve of what should have been Mr Lyon’s swearing-in.
The appellate court proposed that the section of the law be amended to shield governors from future disqualifications. The proposal was made on Tuesday at a three-day retreat in Abuja on amendments of the 1999 Constitution and the Electoral Act 2022 by the National Assembly.
“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,” reads the proposed amendment by President of the Court of Appeal, Justice Monica Dongbam-Mensem,
“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 further sought an amendment that would ensure pre-election matters be heard and concluded at the Court of Appeal within 60 days.
The proposal, if implemented, would make the Court of Appeal last resort for all pre-election matters, consequently barring the case from progressing to the Supreme 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.
“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,” it added.
Also, the proposed amendment will ensure petitions are treated and concluded before a candidate can be sworn in.
“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 event was organised by the Joint National Assembly Committee on Electoral Matters in collaboration with the Policy and Legal Advocacy Centre with chair, Senate Committee on Electoral Matters, Sharafadeen Ali and his colleague in the House of Representatives, Adebayo Balogun, in attendance.
Clement Nwankwo, PLAC’s executive director was also at the retreat.
