Abuja Court of Appeal Pushes Powerful Amendment to Protect Governors in Electoral Act Overhaul

Abuja Court of Appeal has taken a significant step towards amending the Electoral Act to protect governors whose deputies have been disqualified. The proposed amendment suggests that a governor whose deputy has been disqualified by a court can still be sworn in and choose a new running mate. This move aims to address the discrepancies in the existing Electoral Act.

The amendment was proposed during a three-day retreat in Abuja, where the President of the Court of Appeal, Hon. Justice Monica Dongbam-Mensem, emphasized the need to rectify the existing discrepancies. The proposed amendment was introduced to the National Assembly panel by Justices Peter Olabisi Ige and Abba B. Mohammed.

Abuja Court of Appeal: Supreme Court’s Decision: A Catalyst for Change

The Supreme Court’s decision to dismiss David Lyon as the governor-elect of Bayelsa State in February 2020 highlighted the need for an amendment to the Electoral Act. Lyon’s deputy, Biobarakuma Degi-Eremienyo, was found to have provided inaccurate information to the Independent National Electoral Commission (INEC), leading to their disqualification.

The Supreme Court’s decision sparked a chain reaction, leading to the proposed amendment to the Electoral Act. The amendment aims to prevent similar situations in the future, where a governor’s election is annulled due to their deputy’s disqualification.

Abuja Court of Appeal: Proposed Amendment, A Solution to the Problem

The proposed amendment to Section 187 (1) (A) of the Electoral Act suggests that the removal of a deputy governor or deputy governorship candidate should not affect the election of a governorship candidate or governor-elect. This means that a governor whose deputy has been disqualified can still be sworn in and choose a new running mate.

The proposed amendment also suggests that if a deputy governor or deputy governorship candidate is removed by a court or tribunal, the governor or governorship candidate should have the right to nominate another person as deputy governor or deputy governorship candidate.

Abuja Court of Appeal: Political Parties’ Reaction, Cautious Optimism

The leaders of registered political parties in Nigeria have reacted with cautious optimism to the proposed amendment. While some have welcomed the move, others have expressed concerns about the potential implications. However, most agree that the amendment is a step in the right direction towards addressing the discrepancies in the Electoral Act.

The political parties have urged the National Assembly to carefully consider the proposed amendment and ensure that it does not create new problems. They have also emphasized the need for clarity and certainty in the Electoral Act to prevent future disputes.

National Assembly’s Role: A Critical One

The National Assembly plays a critical role in the amendment process. They must carefully consider the proposed amendment and ensure that it aligns with the Constitution and the Electoral Act. The National Assembly must also engage with stakeholders, including political parties and civil society organizations, to ensure that the amendment reflects the needs and concerns of all Nigerians.

The National Assembly’s decision on the proposed amendment will have far-reaching implications for the electoral process in Nigeria. It is essential that they approach this task with caution and careful consideration.

Amendment’s Impact: Far-Reaching Consequences

The proposed amendment to the Electoral Act has far-reaching consequences for the electoral process in Nigeria. If passed, it will provide clarity and certainty in situations where a deputy governor or deputy governorship candidate is disqualified. The amendment will also prevent the annulment of a governor’s election due to their deputy’s disqualification.

The amendment’s impact will be felt across the country, as it will affect the way elections are conducted and disputes are resolved. It is essential that all stakeholders engage with the National Assembly to ensure that the amendment reflects the needs and concerns of all Nigerians.