Appeal Court proposes amendment to Electoral Act to protect governors’ mandates

The Court of Appeal has proposed a significant amendment to the Electoral Act, aiming to safeguard the mandate of a governor whose deputy has been disqualified by a competent court. The suggested changes would allow such a governor to be sworn in and subsequently select a new running mate.

This development follows a controversial Supreme Court ruling on February 13, 2020, which disqualified David Lyon of the All Progressives Congress (APC) from assuming office as the governor-elect of Bayelsa State.

The disqualification occurred just a day before Lyon’s scheduled inauguration, despite his victory in the November 2019 governorship election. The Supreme Court, led by Justice Mary Odili, annulled Lyon’s election due to false information provided by his running mate, Biobarakuma Degi-Eremienyo, to the Independent National Electoral Commission (INEC).

In a recent three-day retreat held in Abuja, which focused on amending the 1999 Constitution and the Electoral Act 2022, the appellate court underscored the importance of addressing the current legal gaps.

The proposed amendments, introduced to the National Assembly panel by Justices Peter Olabisi Ige and Abba B. Mohammed, were presented on behalf of the President of the Court of Appeal, Hon. Justice Monica Dongban-Mensem. The event was also attended by leaders of registered political parties in Nigeria.

The proposed changes to Section 187 of the Electoral Act are as follows:

Section 187 (1) (A): “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.”

These proposed amendments, if adopted, would provide a legal framework that allows governors to maintain their mandate even if their running mates are disqualified, ensuring political stability and continuity in governance.