Electoral Act: Appeal Court Advocates Amendments to Protect Governors with Disqualified Deputies
The Court of Appeal has recommended an amendment to the Electoral Act to safeguard governors whose deputies have been disqualified by a court of law. This proposed change aims to allow a governor, under such circumstances, to be sworn in and then choose a new deputy.
This proposal comes in the wake of a significant legal precedent set by the Supreme Court on February 13, 2020, when it disqualified David Lyon, the governor-elect of Bayelsa State, from taking office just a day before his scheduled inauguration. Lyon, who had won the November 2019 governorship election under the All Progressives Congress (APC), saw his victory annulled by a five-member panel of the Supreme Court, led by Justice Mary Odili. The court’s decision was based on the fact that his deputy, Biobarakuma Degi-Eremienyo, had submitted false information to the Independent National Electoral Commission (INEC).
During a recent three-day retreat in Abuja, which focused on amending the 1999 Constitution and the Electoral Act 2022, the Court of Appeal highlighted the need to address such discrepancies in the law. The proposed amendments were introduced to the National Assembly’s panel by Justices Peter Olabisi Ige and Abba B. Mohammed, on behalf of the President of the Court of Appeal, Hon. Justice Monica Dongbam-Mensem. The event also saw the participation of leaders from registered political parties in Nigeria.
One of the key amendments proposed is to Section 187 (1) (A), which would state: “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.”
Additionally, Section 187 (1) (B) would be revised to allow: “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.”
The proposed changes aim to provide a legal framework that ensures continuity in governance while addressing issues related to the qualifications and disqualification of deputy governors. If enacted, these amendments would help prevent the kind of political disruption seen in Bayelsa State, where the disqualification of a deputy cost the governor-elect his position.
