The House of Representatives is considering a bill that would require all election petitions to be resolved before winners are sworn into office.
The constitutional amendment bill, which passed second reading on Tuesday, proposes that all appeals from election disputes be concluded before the swearing-in of the president-elect, vice president-elect, governors-elect, deputy governors-elect, and members-elect of the national and state assemblies.
Details of the Bill
Sponsored by Mansur Soro (representing Darazo/Ganjuwa federal constituency, Bauchi) and five other lawmakers, the bill was first read in October 2024 at the Green Chamber.
The bill seeks to amend Section 285 of the 1999 Constitution, which deals with the establishment and jurisdiction of election tribunals.
It proposes a new subsection stating:
“All appeals arising from the presidential, governorship, national and state Assemblies election petition tribunals shall be determined by the appellate courts prior to the swearing-in of candidates returned as winners by the Independent National Electoral Commission.”
Additionally, the bill seeks to empower INEC to:
“Prepare its guidelines and timelines of activities to provide sufficient time for the determination of all appeal cases before the swearing-in of candidates.”
Background and Justification
Over the years, there has been debate over the practice of swearing in elected officials before election disputes are resolved.
Critics argue that this practice:
Allows elected officials to influence the outcome of pending litigation.
Leads to instability, as some officials assume office only to be removed later by court rulings.
Past Court Rulings on Election Disputes
There have been instances where elected officials were sworn in but later removed by court judgments, including:
1. Imo State (2020) – The Supreme Court annulled Emeka Ihedioha’s election after he had taken office, declaring Hope Uzodinma as the winner.
2. Bayelsa State (February 2020) – David Lyon was sacked by the Supreme Court a day before his scheduled inauguration. The court declared Douye Diri the winner.
If passed, this bill could significantly alter Nigeria’s electoral process, ensuring that only legally confirmed winners assume office.
