HB. 115-A BILL FOR AN ACT TO ALTER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA CAP. C23 LFN 2004 TO CONFER JURISDICTION ON THE FEDERAL HIGH COURT TO TRY OFFENSES ARISING FROM VIOLATIONS OF THE PROVISIONS OF THE ELECTORAL ACT AND FOR RELATED MATTERS. Bill Sponsored by Hon. Muktar Tolani Shagaya. Bill Progress: Committee Stage
This Bill seeks to alter Section 251 of the Constitution to enable the Federal High Court, the High Court of the FCT and High Courts of the States to all exercise concurrent jurisdiction to entertain matters relating to the prosecution of electoral offences and offences derived from other electoral related issues. The idea of the Bill is to ensure that no one Court is overburdened with handling electoral offences, thus the flexibility would allow all the High Courts to handle these offences therefore helping in decongestion of the Courts and ease in prosecution of electoral offences.
A significant legislative proposal, HB 115, is currently being considered 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 CAP. C23 LFN 2004 TO CONFER JURISDICTION ON THE FEDERAL HIGH COURT TO TRY OFFENSES ARISING FROM VIOLATIONS OF THE PROVISIONS OF THE ELECTORAL ACT AND FOR RELATED MATTERS.”
The primary objective of HB 115 is to amend the Nigerian Constitution to expand the jurisdiction of the Federal High Court, allowing it to handle cases related to electoral offenses. Currently, such offenses are primarily adjudicated in State High Courts and the High Court of the Federal Capital Territory (FCT). By granting concurrent jurisdiction to the Federal High Court, the bill aims to enhance the legal framework surrounding electoral justice.
Amending the Constitution is a complex process that requires supermajority votes in both the House of Representatives and the Senate, along with ratification by two-thirds of the State Houses of Assembly.
The significance of HB 115 lies in its response to a critical issue within Nigeria’s electoral system: the inadequate prosecution of electoral offenses. Despite the prevalence of electoral malpractice, convictions remain rare, fostering a culture of impunity among offenders. By expanding the jurisdiction of the Federal High Court, the bill aspires to:
- Improve Prosecution of Electoral Offenses: By allowing a greater number of courts to hear these cases, the legislation aims to increase the likelihood of prosecutions and convictions.
- Enhance Deterrence: An effective prosecution system could serve as a stronger deterrent against electoral malpractices, promoting cleaner and more transparent elections.
- Reduce Burden on State High Courts: Although the bill provides for concurrent jurisdiction, it may help distribute caseloads among various courts, leading to quicker resolutions of electoral offense cases.
- Streamline Justice Delivery: Increasing the number of courts handling electoral cases may improve the efficiency and effectiveness of justice delivery in these matters.
The sponsor of HB 115 is Hon. Muktar Tolani Shagaya, who represents the Ilorin West/Asa Federal Constituency in Kwara State.
As HB 115 moves forward in the legislative process, its potential impact on Nigeria’s electoral integrity and the prosecution of electoral offenses remains a critical focus for lawmakers and the electorate, reflecting ongoing efforts to strengthen the nation’s democratic processes.
