Newscenter Media News The House of Representatives is deliberating a bold constitutional amendment that could reshape Nigeria’s electoral process, potentially transforming governance by requiring all election appeals to be concluded before swearing-in ceremonies.
The proposal, if enacted, would eliminate the uncertainties and distractions that pending litigations create for elected officials, ensuring smoother transitions and greater accountability.
Sponsored by Mansur Soro, the member representing Darazo/Ganjuwa Federal Constituency, Bauchi State, the bill aims to amend Section 285 of the 1999 Constitution. It proposes that election-related appeals at all levels be resolved by appellate courts before the official assumption of office by winners declared by the Independent National Electoral Commission (INEC).
Key Provisions
The bill introduces a new subsection, 285(i), stating: “All appeals arising from the presidential, governorship, national, and state assemblies election petition tribunals shall be determined by the appellate courts prior to the swearing-in of candidates returned as winners by the Independent National Electoral Commission.”
It also mandates INEC to align its timelines to accommodate litigation processes. Subsection 285(ii) specifies: “The Independent National Electoral Commission shall prepare its guidelines and timelines of activities to provide sufficient time for the determination of all appeal cases before swearing-in of candidates.”
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Implications for Elections and Governance
In an interview with journalists, Soro explained the bill’s significance in addressing governance disruptions caused by prolonged legal battles over election outcomes. He argued that concluding electoral disputes before inaugurations would reduce distractions for elected officials and safeguard public funds.
“INEC will be able to organise its guidelines and election timelines to accommodate the litigation period when this bill becomes law,” Soro stated. “We are trying to see that all appeals arising from the conduct of elections are concluded before the May 29 handover date as the case may be.”
He emphasized that amending the Constitution and Electoral Act would compel courts to expedite election-related cases.
“The courts are the creation of the law. If the law provides that they should conclude election cases within a specified period of time, they have to abide by it,” Soro noted.
Reducing Financial and Political Costs
Soro highlighted the financial implications of unresolved litigations, particularly the misuse of public funds to finance prolonged legal battles.
“Once you allow swearing-in to take place before litigations are concluded, distraction will take effects on governance and the public treasury. Just imagine the tens of billions of naira governors alone are spending on sorting their cases at appeal and apex courts,” he explained.
He further stressed the importance of safeguarding taxpayers’ money, stating: “This should not be allowed to continue because this money comes from the public treasury. As a government elected by the people, we must do everything to safeguard taxpayers’ money.”
A Turning Point for Nigerian Democracy
If passed, this bill could mark a turning point for Nigeria’s democracy, ensuring that electoral disputes are resolved before candidates assume office. This could bolster public confidence in the electoral process, minimize governance disruptions, and discourage the misuse of state resources in legal battles.
As the bill moves toward debate in 2025, it is set to spark intense discussions about its potential impact on elections, governance, and the broader political landscape in Nigeria.
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