Constitution Review:  NASS panel proposes 60 days for determination of post election disputes

Constitution Review:  NASS panel proposes 60 days for determination of post election disputes

By John Okezie

The National Assembly Joint Panel on the Review of the 1999 Constitution (as amended) has proposed 60 days for the determination of post election disputes, in the country, counting from the day the petitions were filed.

The extant law provides a 180 days window for the disposal of election petitions, with governorship election petition commencing from the Election Petition Tribunal and progressing to the Court of Appeal and terminating at the Supreme Court.

According to the extant law, governorship petitions shall commence at the Governorship Election Petition Tribunal and terminate at the Supreme Court, while the petitions arising from the presidential election, shall commence at the Court of Appeal and terminate at the Supreme Court.

However, the joint panel on constitution review, is proposing that the Court of Appeal shall have exclusion jurisdiction over issues relating to the election and tenure of the governor and deputy governor, while exclusive jurisdiction over disputes arising from a presidential election, as well as issues relating to the tenure of the President and vice president shall be vested on the apex court.

A report of the committee obtained by our correspondent, indicated that the proposed legislation titled “A Bill for an Act to alter the provisions of the constitution of the Federal Republic of Nigeria, 1999, to ensure expedited hearing and determination of petitions challenging the election of any person to an office created under the constitution and for related matters,” is one of the 44 bills approved by the panel for consideration in the ongoing review of the 1999 Constitution (as amended).

Similarly, the bill also provides for the determination of all pre and post election disputes before the winners of the election are sworn-in.

The proposed legislation, which is seeking the alteration of Sections 232,239, 246 and 285 of the 1999 Constitution (as amended) to confer on the Supreme Court original jurisdiction for the determination of disputes arising from presidential election, as well as issues relating to the tenure of the President and Vice President. On the other hand, the bill seeks to confer original jurisdiction for the determination of gubernatorial election disputes, and issues relating to the tenure of a governor and  deputy governor on the Court of Appeal.

Specifically the bill provides that “Section 232 of the Principal Act is altered by inserting after subsection (1), a new subsection “(1A)” – “(1C)” (1A) The Supreme court shall, to the exclusion of any other court of law in Nigeria, have original jurisdiction to hear and determine any question as to whether –

(a) any person has been validly elected to the office of President or Vice President under this Constitution, (b) the term of office of the President or Vice President has ceased, or (c) the office of President or Vice President has become vacant.

(1B) In the hearing and determination of any election petition under subsection (1A), the Supreme Court shall be duly constituted if it consists of at least five Justices of the Supreme Court.

(1C) In every Presidential election petition, the Supreme Court shall deliver its judgement in writing within 60 days of the failing of the suit.”

It added that  “Section 239 is altered – (a) by substituting for subsection (1), a new subsection “(1)” – “(1) Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any other court of law in Nigeria, have original jurisdiction to hear and determine any question as to whether a) any person has been validly elected to the office of Governor or Deputy Governor under this constitution; (b) the terms of office of the Governor or Deputy governor has ceased; or (c) the office of Governor or Deputy Governor has become vacant; and (b) by inserting after subsection (2), a new subsection “(2A)”. “(2A) In every Governorship election petition, the Court of Appeal shall deliver its judgement in writing within 60 days of filing the suit.

“Section 285 is altered–(c) in subsection (6), by substituting for the number “180”, the number “60”; (d) by substituting for subsection (7), a new subsection “(7)” – “(7) An appeal from the decision of an election tribunal or a court in an election petition shall be heard and disposed of by the Court of Appeal within 60 days from the date of filing the appeal.”