The joint National Assembly Committee on the Review of the 1999 Constitution has proposed far-reaching constitutional amendments aimed at ensuring that all election petitions are fully concluded before elected officials are sworn into office.
Under the proposals, election petitions at the tribunal level would be concluded within 60 days, while appeals arising from tribunal judgments would also be disposed of within another 60 days. The reforms are designed to eliminate prolonged post-election litigation and enhance public confidence in the electoral process.
One of the key recommendations is that the Supreme Court should assume original jurisdiction over all petitions arising from presidential elections. In contrast, governorship election petitions would originate and terminate at the Court of Appeal, making it the final court for such matters.
These proposals are contained in 44 harmonised constitution alteration bills agreed upon by the joint committee and presented as the first batch of prioritised amendments for debate in both chambers of the National Assembly.
As part of the reforms, lawmakers proposed an amendment to Section 232 of the Constitution to empower the Supreme Court, to the exclusion of any other court, to hear and determine questions relating to the validity of the election of the President or Vice President, the cessation of their tenure, or the declaration of a vacancy in either office. The amendment also provides that the Supreme Court shall be properly constituted with at least five justices for presidential election petitions and must deliver its judgment in writing within 60 days of filing.
Similarly, an amendment to Section 239 proposes that the Court of Appeal shall have original jurisdiction over governorship and deputy governorship election petitions. The court would be required to deliver its judgment within 60 days of filing such cases.
The committee also recommended amendments to Section 286, which deals with timelines for pre-election matters and election petitions. The proposed changes would reduce the time allowed for election tribunals to conclude cases from 180 days to 60 days. Appeals from election tribunals would also be required to be heard and concluded within 60 days from the date of filing.
Pre-election matters are to be resolved within 60 days of filing, while appeals arising from such matters must be concluded within 30 days.
In addition, the proposed constitutional amendments seek to introduce independent candidacy at all levels of elections. To qualify, an independent candidate would be required to secure endorsements from at least 20 per cent of registered voters in each electoral ward within the constituency being contested. Endorsers would be prohibited from supporting more than one candidate in an election cycle, and the Independent National Electoral Commission (INEC) would be responsible for verifying endorsements.
Independent candidates would also be required to pay an administrative fee to be determined by INEC, with a provision for a 50 per cent fee waiver for women candidates.
The committee further proposed placing the funding of the Armed Forces on first-line charge, alongside the Independent National Electoral Commission, the National Assembly, and the Judiciary. This would be achieved through amendments to Section 81 of the Constitution, which governs expenditure from the Consolidated Revenue Fund.
Additionally, amendments to Sections 81(1) and 121(1) were proposed to require the President and state governors to submit estimates of revenue and expenditure for the next financial year to the National Assembly and state Houses of Assembly no later than 60 days before the end of the year.
The proposed reforms are expected to generate robust debate as lawmakers consider measures aimed at strengthening Nigeria’s electoral and governance frameworks.
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