The House of Representatives has begun yet another constitutional amendment journey in the manner of past legislators in the attempt to redress knotty or problematic constitutional provisions. But the exercise is usually fraught with the danger of replacing one challenge with another, given the fact that most constitutional issues, some critics claim, derive from the failure of office holders rather than the law. This is in addition to the fact that so much resources have gone into constitution amendment processes in the past with little success. Despite these downsides, some stakeholders believe Nigeria’s march towards a stable polity would require regular revision of the laws guiding the affairs of state in order to smoothen the rough edges or oil creaky aspects of state operations until the system is almost perfect.
Accordingly, the House of Representatives on Tuesday, March 25, passed for second reading, a bill seeking to amend the 1999 Constitution to make the Court of Appeal the final arbiter in disputes involving governorship, National and State Houses of Assembly elections.
The bill is among the 39 constitution amendment bills that have passed through second reading on the floor of the House. Electoral disputes involving governorship election currently go up to the Supreme Court while that of the National and State Assembly end at the Court of Appeal. The proposed amendment seeks to abridge the period it takes to decide governorship election disputes by making the Appeal Court the final arbiter.
Leading the debate on the general principles of the bill, Ezechi said the proposed legislation seeks to alter the provision of sub-section (3) of Section 246 of the 1999 Constitution by replacing it with the following: “The decisions of the Court of Appeal in respect of appeals arising from the Governorship, National and State Houses of Assembly election petitions shall be final.”
The lawmaker argued that the proposed amendment “would enable the final winner of a governorship election to be known without delay,” adding, “If the person declared as winner by the Independent National Electoral Commission wins in the Court of Appeal, it would allow him to settle down and face the business of governance without distraction.”
He also noted that terminating election disputes at the appellate court would save costs, saying: “If such petitions end in the Court of Appeal, it would reduce the financial resources being wasted by the parties in prosecuting such cases to the Supreme Court.”
Independent Electoral Body For LG Polls
Another bill which passed through second reading was the Bill for an Act to alter the Constitution to establish the National Local Government Electoral Commission as an independent body responsible for organising, conducting and supervising elections into the offices of chairmen, vice chairmen and councilors of all the local government councils across the federation.
The proposed legislation sponsored by the Deputy Speaker, Benjamin Okezie Kalu, and eight other lawmakers, was presented for second reading by the House leader, Julius Ihonvbere.
According to the sponsor and co-sponsors, the commission, when established, will ensure the credibility, transparency and fairness of local government elections and promote democratic governance at the grassroots.
It states that the National Local Government Electoral Commission shall consist of chairman and 37 other members representing 36 states of the Federation and the Federal Capital Territory, Abuja.
It also states that the chairman, who shall be the Chief Electoral Officer, and members of the board shall be appointed by the President of the Federal Republic of Nigeria, on the recommendations of the National Council of States and subject to the confirmation of the Senate.
The commission is expected to provide periodic reports on its activities and the outcomes of local government elections to the President, the National Assembly, and the general public. It is believed that this would promote transparency and accountability in the conduct of the commission.
Simultaneous Presidential, Governorship, NASS, State Assembly, LG Polls
Another critical constitution amendment bill considered was the bill seeking to mandate the Independent National Electoral Commission to conduct presidential, governorship, National Assembly, state assemblies and local government elections on the same day. The amendment was sponsored by Ikenga Ugochinyere, Francis Ejiroghene Waive and 34 other lawmakers.
Also, there was the bill seeking to regulate political party registration; determination of electoral disputes before swearing-in of winners of elections; empowering INEC to conduct LG elections and regulation of election time lines, among others.
The proposed amendments include a bill requiring lawmakers to officially resign from their political parties before defecting.
Sponsored by Adebayo Balogun, the bill seeks to alter Sections 68(1) (g) and 109(1) (g) of the Constitution to ensure that lawmakers formally exit their parties before switching allegiance.
A political analyst, Kunle Egbeniyi, argued that the bill will promote political stability and accountability.
According to him, by requiring lawmakers to formally resign from their parties, the bill aims to prevent the frequent defections that have become a hallmark of Nigerian politics.
“The frequent defections by lawmakers have created a sense of instability and unpredictability in our political system. This bill seeks to address this issue by ensuring that lawmakers are transparent and accountable in their political affiliations,” Egbeniyi said.
Egbeniyi further argued that the bill would ensure that lawmakers are more accountable to their constituents and the parties that sponsored their elections.
“When lawmakers defect without formally resigning from their parties, it creates a sense of distrust among their constituents. This bill will help to restore that trust and ensure that lawmakers are accountable to those who elected them,” he said.
However, opponents of the bill argue that it would stifle the rights of lawmakers to freedom of association.
Tony Uroko, a critic of the bill, argued that the bill will create unnecessary bureaucratic hurdles for lawmakers who wish to defect.
“The bill is an attempt to muzzle the freedom of lawmakers to associate with any party of their choice. It is undemocratic and will stifle the growth of our democracy,” Uroko said.
Uroko further argued that the bill does not address the root causes of defections, such as the lack of internal party democracy and the prevalence of “godfatherism” in Nigerian politics.
“The bill is merely a cosmetic
solution that will not fundamentally alter the dynamics of Nigerian politics. We need to address the underlying issues that lead to defections, rather than just treating the symptoms,” he added.
Stakeholders’ Views
Nigerians have expressed their opinions on the proposed amendments thus providing varied grounds for them.
The Yoruba Council of Elders (YCE), a former Chief of Staff to the late governor of Oyo State, Abiola Ajimobi, Prof. Gbade Ojo, and the Head of Department (HOD) of Political Science and International Relations, Kola Daisi University, Ibadan, Dr Adebukola Ayoola, are among those who have expressed support for the proposal for the determination of all appeals arising from election petition tribunals before the swearing in of elected political officeholders.
Ojo said: “It is the way to go. Ordinarily, before swearing in, election petitions must be disposed of. It will, no doubt, urge the judiciary to expedite actions in hearing election-related matters.”
Ayoola said: “The step by the House of Representatives is the right thing to do. Swearing in someone whose victory has not been determined will allow the purported winner to manipulate the process. The declared winner will be at the advantaged position to influence the outcome of judgment. Let the petitioners file their cases on time so that the hearing can meet the timeframe. There should be a separate court for election petitions and the matters should be given accelerated hearing’’.
The YCE Secretary-General said: “Ordinarily, elections are supposed to be straightforward, but there are manipulations at various stages. Therefore, YCE agrees that all matters pertaining to elections should be determined before the swearing in of the purported winners. Let all issues be sorted out to justify fair play.”
Speaking also on state police, a founding member of the
APC, Osita Okechukwu, said, “I think prevailing circumstances make state police imperative. I am also of the view that there’s no need for local government police, as the State Police should cover all the nooks and crannies of every state.
“The State Police should also have linked Federal Police to avoid misalignment. And the funding of State Police should be expressly stated in the constitution; for fund starved State Police is a Bandit Force.”
Reactions from stakeholders would seem to justify some of the constitutional proposals so far made but, given the non-democratic character of the present government and its push, ironically, towards centralization of power, it is doubtful if the outcome of the present exercise would be one that would receive popular acceptance.