The House of Representatives is currently reviewing a bill aimed at amending the 1999 Constitution to ensure that all appeals arising from election petition tribunals are resolved before the swearing-in of the President-elect, Vice President-elect, governors-elect, deputy governors-elect, and other elected officials.
Introduced in October 2024, the bill is set to be debated in the first quarter of 2025. Sponsored by Mansur Soro, the member representing Darazo/Ganjuwa Federal Constituency in Bauchi State, the proposed legislation seeks to amend Section 285 of the Constitution. The amendment would require that all appeals from presidential, governorship, national, and state assembly election petitions be decided by appellate courts before the official swearing-in of candidates declared winners by the Independent National Electoral Commission (INEC).
Additionally, a new subsection, 285(ii), would mandate INEC to develop and publish its guidelines and timelines to ensure that all appeals are resolved before candidates are sworn in.
Soro explained that the bill’s primary goal is to minimize the disruptions that electoral litigation often causes to governance at both the federal and state levels. He emphasized that by resolving election-related legal disputes ahead of time, the transition process would be smoother, allowing newly elected officials to focus on governance immediately.
“The idea is to give INEC enough time to plan its election processes, including allowing space for litigation. By doing this, we aim to ensure that appeals arising from elections are concluded before the May 29 handover date,” Soro said.
The lawmaker further highlighted that the bill, if passed, would necessitate the acceleration of electoral cases in the courts, ensuring that the judiciary adheres to strict timelines in accordance with the law.
“The courts are governed by the law, and if the law specifies that election cases must be concluded within a certain period, they must comply,” he added.
Soro also warned of the risks of swearing in elected officials before legal challenges are fully resolved. He argued that allowing the inauguration to proceed before final court decisions could create distractions for governance, especially when significant public funds are spent on ongoing legal battles.
“Imagine the tens of billions of naira governors spend on fighting their cases in the courts. This money is public money, and we, as elected officials, must ensure that taxpayer funds are protected,” Soro stressed, advocating for the swift passage of the bill to prevent unnecessary financial drain on the public treasury.
The bill aims to bring greater efficiency to Nigeria’s electoral processes, reducing the potential for post-election disputes to disrupt governance at all levels.
