- Independent Candidacy On The Card
- Supreme Court To Hear Presidential Petitions First
THE JOINT National Assembly (NASS) Committee on the Review of the 1999 Constitution has presented a set of prioritised amendment bills aimed at significantly altering Nigeria’s electoral timelines, judicial processes, and fiscal governance.
The proposed changes, designed to ensure legal certainty before inaugurations, are contained in 44 harmonised bills now tabled for debate in both the Senate and the House of Representatives.
Among the key proposed amendments include pre-inauguration resolution of election petitions; strict timelines for election litigation; original jurisdiction for presidential and governorship petitions; framework for independent candidacy; amongst other proposals.
Pre-Inauguration Resolution of Election Petitions
A cornerstone of the proposals is the mandate that all election petitions must be conclusively resolved before the winners of such polls are sworn into office.
This aims to prevent instances where elected officials assume their positions while their legitimacy is still under judicial challenge.
Strict Timelines for Election Litigation
To facilitate the pre-inauguration resolution, the committee has recommended stringent, reduced timelines for the adjudication of election disputes.
At the tribunal level; election petition tribunals must deliver judgments within 60 days from the date a petition is filed, while at the appellate level, appeals from tribunal judgments must be heard and disposed of by the Court of Appeal within a further 60 days from the date of filing the appeal.
It is proposed that all pre-election matters are to be determined within 60 days of filing, with appeals resolved within 30 days.
Original Jurisdiction for Presidential and Governorship Petitions
The amendments also seek to redefine which courts hear certain election petitions at first instance. For presidential election; the Supreme Court would assume original jurisdiction (bypassing lower tribunals) to hear and determine petitions regarding the validity of a presidential or vice-presidential election, term cessation, or office vacancy. A minimum of five Justices would constitute the court for such matters, and a written judgment must be delivered within 60 days of the suit being filed.
Governorship Elections: The Court of Appeal would have original jurisdiction over petitions concerning the election of a governor or deputy governor. It would also be required to deliver its judgment within 60 days of filing.
Framework for Independent Candidacy
The proposals introduce provisions for independent candidates to contest elections at all levels, subject to specific conditions, namely, that an independent candidate must secure endorsements from at least 20% of registered voters in each electoral ward within his or her constituency; that an endorser cannot support more than one candidate for the same electoral period; that the Independent National Electoral Commission (INEC) is tasked with verifying these endorsements; and an independent candidate must pay an administrative fee determined by INEC, with a 50% waiver granted for women candidates.
First-Line Charge Funding for the Armed Forces
In a significant fiscal amendment, the joint committee proposes placing the funding of the Armed Forces on the “first-line charge” of the Consolidated Revenue Fund.
The rational is that this would guarantee priority allocation of funds, similar to the existing constitutional provisions for INEC, the National Assembly, and the Judiciary, thereby aiming to enhance budgetary certainty and operational efficiency for the military.
Timely Submission of Annual Budget Estimates
To improve fiscal planning and the budget cycle, amendments to Sections 81(1) and 121(1) propose a deadline for the executive to submit annual budget estimates.
Both the president and state governors would be required to prepare and present estimates of revenues and expenditure for the succeeding year to their respective legislative houses at least 60 days before the end of the financial year.
