In the landscape of Nigerian democracy, the integrity of elections is paramount. However, the current system allows elected officials to assume office before the resolution of election-related disputes, potentially undermining public trust and the sanctity of the electoral process. A proposed bill seeks to amend the 1999 Constitution to ensure that all appeals arising from election petition tribunals are determined before the swearing-in of elected officials, including the President-elect, Vice President-elect, governors-elect, deputy governors-elect, and members-elect of the National and State Assemblies.
Current Legal Framework and Its Limitations
Under Section 285 of the 1999 Constitution, election petitions are to be filed within 21 days of the declaration of results, with tribunals mandated to deliver judgments within 180 days. Appeals from these tribunals are to be concluded within 60 days. Despite these provisions, the timing often results in elected officials assuming office before the final determination of appeals, leading to concerns about the fairness and credibility of the electoral process.
The Proposed Bill: Key Provisions
The bill, introduced in the House of Representatives in October 2024 by Mansur Soro, aims to amend Section 285 of the Constitution by inserting a new subsection. This amendment would require that all appeals arising from presidential, governorship, and legislative election petitions be determined by appellate courts prior to the swearing-in of candidates declared winners by the Independent National Electoral Commission (INEC). Additionally, the bill proposes that INEC prepare guidelines and timelines to ensure sufficient time for the determination of all appeal cases before the swearing-in of candidates.
Rationale Behind the Proposed Amendment
The primary motivation for this legislative initiative is to enhance the credibility and transparency of Nigeria’s electoral process. By ensuring that all election-related disputes are resolved before officials assume office, the bill seeks to:
- Strengthen Public Confidence: Address public skepticism about the fairness of elections and the potential misuse of incumbency during legal challenges.
- Promote Judicial Independence: Allow the judiciary to operate without external pressures that may arise once officials are in office.
- Ensure Electoral Integrity: Prevent situations where officials who may have been unlawfully elected continue to hold office during the pendency of legal challenges.
Stakeholder Perspectives
Various stakeholders have expressed support for the proposed amendment. The Coalition of United Political Parties (CUPP) has called on the National Assembly to amend the Electoral Act to ensure that all election litigations are concluded before winners are sworn into office. They argue that allowing individuals to assume office before the resolution of election disputes creates an imbalance and undermines justice.
Similarly, legal experts like Senior Advocate Jibril Okutepa have advocated for the conclusion of all post-election legal matters before officials are sworn in. Okutepa highlights concerns about the potential misuse of public funds for personal litigation by incumbents and the erosion of public trust in the electoral system.
Challenges and Considerations
While the proposed amendment aims to strengthen Nigeria’s electoral process, its implementation may face several challenges:
- Constitutional Amendments: Amending the Constitution requires a rigorous process, including approval by two-thirds of the National Assembly and ratification by at least 24 state assemblies.
- Judicial Capacity: The judiciary must be adequately equipped to handle the increased caseload resulting from the expedited resolution of election petitions.
- Political Will: There must be a collective political will to prioritize electoral reforms over partisan interests.
Conclusion
The proposed bill to amend the 1999 Constitution reflects a critical step towards enhancing the transparency, fairness, and credibility of Nigeria’s electoral process. By ensuring that all election-related disputes are resolved before officials assume office, the amendment seeks to uphold the sanctity of the people’s mandate and reinforce democratic principles. However, for this reform to succeed, it will require concerted efforts from all stakeholders, including the National Assembly, the judiciary, INEC, and civil society organizations, to navigate the challenges and ensure the effective implementation of the proposed changes.
