A bill proposing that the Court of Appeal serve as the final authority for governorship election petitions has passed second reading in the House of Representatives.

The bill, sponsored by Nnamdi Ezechi, who represents Ndokwa East/Ndokwa West/Ukwuani federal constituency of Delta State, seeks to amend Section 246 of the 1999 Constitution.

Currently, Section 246 stipulates that the Court of Appeal’s rulings on National Assembly and State Houses of Assembly election petitions are final.

The proposed amendment aims to extend this finality to governorship election disputes, preventing such cases from reaching the Supreme Court.

Objective of the Bill

When the bill passed first reading in 2024, Ezechi explained that the legislation aims to reduce delays and cut costs in post-election litigations.

If enacted, the law will eliminate the Supreme Court’s role in resolving governorship election petitions—a significant departure from the current judicial process.

Recent Supreme Court Reversals

There have been instances where the Court of Appeal nullified governorship elections, only for the Supreme Court to overturn those rulings.

Plateau State (2023): The tribunal and Court of Appeal nullified the election of Caleb Mutfwang of the PDP. However, in January 2024, the Supreme Court overturned this decision and affirmed his election.

Kano State (2023): The tribunal and Court of Appeal removed Abba Yusuf as Governor. The Supreme Court later reinstated him.

The proposed amendment would prevent such reversals by making the Court of Appeal’s decision final in governorship election disputes.

Bayo Onanuga, special adviser on information and strategy to President Bola Tinubu, has criticized Peter Obi over his remarks regarding Nigeria’s democracy.

On Monday, Obi stated that Nigeria’s Fourth Republic, which began in 1999, is now being “knocked down” by the current administration.

The former Labour Party (LP) presidential candidate made the statement in response to the political crisis in Rivers State and President Tinubu’s decision to declare a state of emergency.

He also referenced his 2006 impeachment by the Anambra House of Assembly under former President Olusegun Obasanjo, emphasizing that despite being removed, he was reinstated through the courts without interference.

‘Hyperbolic Remarks’

Reacting in a post on his X page, Onanuga dismissed Obi’s statement, arguing that if democracy had truly collapsed, Obi would not be able to express such views.

“I listened multiple times to former Governor Peter Obi’s statement in this clip, where he claims that democracy has collapsed in Nigeria,” Onanuga wrote.

“His hyperbolic remarks, suited for headlines, have been made without deep reflection and lack a solid logical foundation.

“How can a democracy that has strengthened over the past 26 years be said to have collapsed?

“Only a discontented and disgruntled Peter, who benefits from the very free speech democracy provides, could perceive such a democratic downfall through his lens.

“If democracy had indeed collapsed, as Peter claims, and we were living under a regime antithetical to democratic principles, he would not have been able to make his comments on Monday at Emeka Ihedioha’s colloquium.

“I will urge him to watch what he says and restrain himself from playing to the gallery.”

Recall that on March 18, Tinubu declared a state of emergency in Rivers State, citing political turmoil and the vandalization of oil facilities.

The president suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the House of Assembly for six months.

Tinubu also appointed Ibok-Ete Ibas, a retired Vice-Admiral, as the sole administrator of Rivers State.

On March 20, the Senate and House of Representatives controversially ratified Tinubu’s request for emergency rule.

Several stakeholders, including the South-South Governors’ Forum, have condemned the move.

On May 18, 2004, Obasanjo declared a state of emergency in Plateau State following violent ethnic and religious clashes.

He suspended Governor Joshua Dariye and the state legislature, appointing retired General Chris Alli as the state’s sole administrator.

Mohammed Idris, the minister of information and national orientation, has stated that President Bola Tinubu will lift the emergency rule in Rivers State as soon as normalcy is reestablished.

In an interview (with The Nation newspaper), Idris explained, “As soon as he assesses that sanity has returned to Rivers state, he will ensure the restoration of all democratic structures in that state.”

He emphasized that “the president will not wait a minute longer than necessary.”

Addressing concerns about the decision, the minister clarified that there were no hidden motives behind the proclamation.

“The president has no intention whatsoever to take over the governance of Rivers state. He has no intention to be or to appoint a governor for Rivers state,” he stated.

Idris noted that the breakdown of governance in Rivers State necessitated the president’s intervention, describing it as “a very responsible but very painful” action taken “in line with constitutional provisions.”

He further explained, “The way democracy is designed in this country is that the three arms of government must work together, and one will be checking the other.”

“So, we cannot have just the executive functioning and say we have a functional democracy. We didn’t have that, and therefore, the president had to act” Idris added.