A bill seeking to designate the Court of Appeal as the final authority for determining governorship election petitions has successfully passed its second reading in the House of Representatives. The bill, sponsored by Nnamdi Ezechi, the lawmaker representing Ndokwa East/Ndokwa West/Ukwuani federal constituency in Delta State, aims to amend Section 246 of the 1999 Constitution.
Under the current provision, Section 246 stipulates that decisions by the Court of Appeal regarding election petitions related to national and state houses of assembly elections are final. Ezechi’s proposed amendment seeks to extend this finality to governorship elections as well. If passed, the law would prevent gubernatorial election disputes from reaching the Supreme Court.
Ezechi, who introduced the bill in 2024, stated that the intention behind the legislation is to reduce the delays and costs associated with post-election litigation. The new law would eliminate the need for appeals to the Supreme Court, which has sometimes reversed decisions made by the Court of Appeal in gubernatorial cases.
Recent cases highlight the issues with the current system. In 2023, the tribunal and Court of Appeal annulled the election of Caleb Mutfwang of the Peoples Democratic Party (PDP) as governor of Plateau State, but the Supreme Court later overturned this ruling in January 2024, reaffirming Mutfwang’s victory. Similarly, the Court of Appeal voided Abba Yusuf’s election as governor of Kano State, but the Supreme Court nullified this decision as well.
If the bill is passed, it could significantly streamline the process and prevent further appeals, providing more stability to the country’s electoral system. The bill is now moving forward for further deliberation in the House of Representatives.
