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The Appeal Court on Wednesday called for constitutional changes to ensure a governor’s election remains valid, despite deputy's disqualification.
The Court of Appeal proposed an amendment to the Electoral Act, which will ensure that a governor whose deputy has been disqualified by a competent court of law is sworn in and allowed to nominate another running mate.
Recall that the Supreme Court had on 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 sought an amendments to the 1999 constitution and the Electoral Act 2022 by the National Assembly at a three-day retreat in Abuja.
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.
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 should 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 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 amendment to Section 285 (7) and (12) of the Constitution on the need to dispose of all litigations arising from elections within 60 days.
It stated, “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."
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 retreate was attended by the leadership of registered political parties in Nigeria.
