The House of Representatives is advancing a significant constitutional amendment to make the Court of Appeal the final arbiter in governorship election disputes—effectively removing the Supreme Court from the appeal process in such cases.
Current Legal Framework vs. Proposed Amendment
Under the existing legal structure, election petitions for governorship positions progress through the Election Petition Tribunals, the Court of Appeal, and finally, the Supreme Court as the ultimate authority. In contrast, petitions related to National and State Assembly elections are conclusively settled by the Court of Appeal. The new bill seeks to extend the existing finality provision of Section 246(3) of the 1999 Constitution—currently applicable only to legislative elections—to also include governorship election disputes .
Bill Progress and Sponsorship
The bill, formally titled “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 to Make the Court of Appeal the Final Appeal Court in Governorship, National and State Houses of Assembly Election”, was introduced by Rep. Nnamdi Ezechi, representing Ndokwa East/Ndokwa West/Ukwuani Federal Constituency of Delta State. It has successfully passed its second reading in the House of Representatives and has been referred to the House Committee on Constitution Review for further deliberation .
Objective and Rationale
Proponents argue that ending disputes at the Court of Appeal will significantly streamline the litigation process by reducing delays and costs. It is expected to deliver clarity and finality sooner, enabling winners to assume office without prolonged legal battles . In explaining the amendment’s broader intentions, Rep. Ezechi noted it addresses a gap left by the Second Alteration Act of 2010, which did not extend finality provisions to governorship petitions .
Timeline Enhancements and Legislative Adjustments
According to Bayo Balogun, Chairman of the House Committee on INEC, the revised timelines proposed under the amendment would reduce the tribunal’s resolution period to 90 days (from previously longer durations), limit the appeal window to 50 days, and allocate 21 days for filing petitions and 14 days for filing appeals. Altogether, the aim is for election litigation to be resolved within 185 days before the swearing-in of governors .
Furthermore, to enhance flexibility in the electoral framework, the proposal includes shifting key provisions from the Constitution into the Electoral Act. Specifically, it recommends deleting subsections (2) of Sections 76, 116, 132, and 178 of the Constitution to allow legislative adjustments without requiring a full constitutional amendment .
Conclusion and Next Steps
If enacted, the reform could fundamentally alter Nigeria’s electoral dispute resolution landscape by granting the Court of Appeal definitive authority in governorship petitions. The bill now awaits further scrutiny by the Constitution Review Committee before it can progress to the Senate, state-level ratification, and eventual presidential assent.
