HB. 1212-A BILL FOR AN ACT TO ALTER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 TO MAKE THE COURT OF APPEAL THE FINAL APPEAL COURT IN GOVERNORSHIP, NATIONAL AND STATE HOUSES OF ASSEMBLY ELECTION PETITIONS AND FOR RELATED MATTERS. Sponsored by Hon. Nnamdi Ezechi. Bill Progress : Committee Stage
This Bill however seeks to alter Section 246 of the Constitution to ensure that all
Governorship Election Petitions end at the Court of Appeal as final appellate court, just as is done for the National Assembly, and State Houses of Assembly election petitions. The Bill aims to reduce delays in resolving election disputes, and ensure quick delivery and dispensation of justice.
A significant legislative proposal, HB 1212, is currently under consideration in the Nigerian House of Representatives. The bill’s full title is “A BILL FOR AN ACT TO ALTER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 TO MAKE THE COURT OF APPEAL THE FINAL APPEAL COURT IN GOVERNORSHIP, NATIONAL AND STATE HOUSES OF ASSEMBLY ELECTION PETITIONS AND FOR RELATED MATTERS.”
The primary objective of HB 1212 is to amend the Nigerian Constitution so that the Court of Appeal becomes the final arbiter for election petitions related to governorship, National Assembly, and State Houses of Assembly elections. Currently, these appeals may escalate all the way to the Supreme Court. However, petitions concerning presidential elections will continue to be directed to the Supreme Court.
As a constitutional amendment, HB 1212 requires a supermajority vote in both the House of Representatives and the Senate, in addition to ratification by at least two-thirds of the State Houses of Assembly.
This bill addresses an important issue in Nigeria’s electoral justice system: the often lengthy and complex process surrounding election petitions. The Supreme Court is currently inundated with numerous election-related appeals. This overload can detract from its ability to focus on other critical constitutional and civil matters. By designating the Court of Appeal as the final court for specific election disputes, the bill aims to alleviate this burden.
One of the anticipated outcomes of this reform is expedited justice. By narrowing the appeal process to the Court of Appeal, it is expected that election disputes can be resolved more swiftly, providing candidates and the electorate with quicker certainty regarding election outcomes.
Additionally, this shift would enable the Supreme Court to devote its resources to reviewing presidential election petitions, which are often considered of national significance. However, some critics have raised concerns regarding the fairness of limiting appeals in election disputes. They argue that restricting avenues for further review could inadvertently compromise justice in complex cases where a higher court’s oversight may be warranted.
The sponsor of HB 1212 is Hon. Nnamdi Ezechi, a member of the House of Representatives. Given the complexity of constitutional amendments, HB 1212 will undergo a rigorous legislative journey, encompassing debates, committee evaluations, and votes requiring significant majorities at various stages.
As discussions around HB 1212 progress, its potential impact on Nigeria’s electoral justice system remains a focal point of interest among lawmakers and the public, indicating a crucial step in refining the nation’s approach to electoral disputes.
