Introduction
In a significant move to reform Nigeria’s electoral adjudication process, the House of Representatives has advanced a bill seeking to amend the 1999 Constitution to designate the Court of Appeal as the final appellate court for governorship, National Assembly, and State Houses of Assembly election petitions. This initiative aims to expedite the resolution of electoral disputes and reduce the burden on the Supreme Court.
Legislative Background
The bill, sponsored by Hon. Nnamdi Ezechi, who represents the Ndokwa East/Ndokwa West/Ukwuani Federal Constituency of Delta State, proposes an alteration to Section 246 of the 1999 Constitution. Currently, this section stipulates that the Court of Appeal’s decisions on National and State Houses of Assembly election petitions are final, while governorship election petitions can be appealed to the Supreme Court.
Hon. Ezechi’s proposal seeks to extend the finality of the Court of Appeal’s decisions to include governorship election petitions, thereby eliminating the Supreme Court’s role in these cases. The bill has successfully passed its second reading and has been referred to the House Committee on Constitution Review for further consideration.
Rationale for the Amendment
The proposed amendment is driven by the need to:
- Expedite Electoral Dispute Resolution: By making the Court of Appeal the final arbiter, the time taken to resolve election petitions would be significantly reduced, allowing elected officials to commence governance without prolonged legal uncertainties.
- Reduce Judicial Workload: The Supreme Court is currently inundated with numerous cases, including election petitions. This amendment would alleviate some of this burden, enabling the apex court to focus on other critical matters.
- Cost Efficiency: Litigants would incur fewer legal expenses by eliminating the need for appeals to the Supreme Court in governorship election cases.
Historical Context
It’s noteworthy that prior to the 2010 amendment of the Electoral Act, the Court of Appeal served as the final court for governorship election petitions. The shift to include the Supreme Court was intended to provide an additional layer of scrutiny. However, recent experiences have highlighted challenges with this arrangement, including prolonged litigation periods and increased costs.
Implications of the Proposed Amendment
If enacted, the amendment would:
- Enhance Judicial Efficiency: Streamlining the appellate process would lead to quicker resolutions of election disputes.
- Strengthen Democratic Processes: Timely adjudication of election petitions ensures that the electorate’s choices are upheld without undue delays.
- Promote Public Confidence: A more efficient judicial process in electoral matters can bolster public trust in democratic institutions.
Conclusion
Hon. Nnamdi Ezechi’s proposed constitutional amendment represents a strategic effort to refine Nigeria’s electoral justice system. By designating the Court of Appeal as the final appellate court for governorship, National Assembly, and State Houses of Assembly election petitions, the bill aims to enhance the efficiency, cost-effectiveness, and timeliness of electoral dispute resolutions. As the legislative process progresses, stakeholders and citizens alike will be observing the developments closely, given the profound implications for Nigeria’s democratic landscape.
Source
BusinessDay. (2024, April 6). Reps advance bill to make Appeal Court final judge in governorship election disputes. Retrieved May 8, 2025, from https://businessday.ng/news/article/reps-advance-bill-to-make-appeal-court-final-judge-in-governorship-election-disputes/
TheCable. (2024, April 5). Reps move to make Appeal Court final arbiter for governorship election petitions. Retrieved May 8, 2025, from https://www.thecable.ng/reps-move-to-make-appeal-court-final-arbiter-for-governorship-election-petitions/
AllAfrica. (2024, April 7). Nigeria: Reps consider bill to limit election appeals to Appeal Court. Retrieved May 8, 2025, from https://allafrica.com/stories/202504070358.html
National Assembly of Nigeria. (2024). House of Representatives Order Paper – April 2024 Sessions. Retrieved from https://www.nass.gov.ng
