…to make Appeal Court final arbiter for governorship poll petitions
…to expand justices of Supreme Court, cut excesses of chief judges
The House of Representatives on Tuesday advanced 23 Constitutional amendment bills aimed at reforming Nigeria’s judiciary and electoral system, passing them for a second reading.
Of these, 10 bills focus on judicial reforms, while 13 are designed to overhaul the electoral system. The House of Representatives suspended its rules to facilitate their second reading during plenary.
Judicial Reforms
Among the bills passed for a second reading is a Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999, making recommendations by the National Judicial Council mandatory for the removal of heads of Nigerian Courts. The Bill, sponsored by Abbas Tajudeen, Speaker of the House and Marcus Onobun, seeks to amend Section 292(1)(a)(i) and (ii) of the Constitution.
The Bill seeks to alter Section 292(1)(a)(i) and (ii) of the Constitution of such that the heads of Nigerian courts shall only be removed from office upon prior investigation by the National Judicial Council of the allegations laid out in the address by Senate or the State Legislatures respectively carried out and concluded within six weeks in line with the Supreme Court judgment in Elelu-Habeeb & Anor. v. A-G of the Federation & 2 Ors. (2012) 13 N.W.L.R.
The House also advanced a Bill to establish the Ecclesiastical Court of Appeal for the Federal Capital Territory, Abuja, and similar courts across the States to adjudicate on Christian religious matters.
Additionally, a Bill was passed to make the Court of Appeal the final appellate court for Governorship, National Assembly, and State House of Assembly election petitions, thereby removing the Supreme Court from such appeals.
Another Bill proposes to confer original jurisdiction on the Court of Appeal in matters relating to the office of a governor or deputy governor.
The House also passed a bill to grant the Federal High Court jurisdiction to try offences arising from violations of the Electoral Act and other related laws.
Furthermore, a Bill was advanced to ensure a smooth transition for substantive heads of courts in Nigeria and strengthen the procedure for removing judicial officers, thereby safeguarding judicial independence. Another Bill aims to curb the excessive concentration of powers in the office of State Chief Judges.
To improve efficiency in the judiciary, the House advanced a Bill to expand the number of justices on the Supreme Court, ensuring a faster dispensation of justice. Additionally, a Bill was passed to provide for the presumed resignation of the Chief Justice of Nigeria, justices, and judges of certain courts under specific conditions.
Another Bill seeks to increase the composition of the Code of Conduct Tribunal from three to seven members, ensuring representation from each geo-political zone in Nigeria.
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Electoral Reforms
In the area of electoral reform, the Hosue advanced a Bill seeking the establishment of a Political Parties Registration and Regulatory Commission, which will be responsible for registering, regulating, and monitoring political parties.
Another electoral reform Bill seeks to mandate that general elections for the President, Governors, National Assembly, State Houses of Assembly, and Local Government Area Councils be conducted simultaneously on the same date, as determined by the Independent National Electoral Commission (INEC) in consultation with the National Assembly.
Additionally, a Bill was introduced to amend Sections 68(1)(g) and 109(1)(g) of the Constitution to require the official resignation of lawmakers from their political parties before defecting to another party.
Another Bill proposes the compulsory resignation of national and State Executive members of political parties who intend to contest elective positions.
The House also passed a Bill to ensure that all election appeals arising from election tribunals are determined before the swearing-in of elected officials, including the President, Vice-President, Governors, Deputy Governors, and members of the National and State Assemblies.
Further electoral reforms include a Bill to grant INEC the power to conduct Local Government Area Council elections, removing this responsibility from state electoral commissions.
Conversely, another Bill seeks to establish the National Local Government Electoral Commission as an independent body responsible for organising, conducting, and supervising elections for chairpersons and councillors across Nigeria, including the Federal Capital Territory. This reform aims to ensure the credibility, transparency, and fairness of local government elections while promoting grassroots democratic governance.
Additionally, a Bill was passed to relieve State Independent Electoral Commissions of the power to conduct local government elections, transferring this authority to INEC.
Other electoral reform Bills include proposals to regulate election timelines, extend the Court of Appeal’s original jurisdiction to cover Governorship and Deputy Governorship election petitions, and alter the National Assembly’s power to adjust election tribunal timelines.
Another Bill sought to amend Sections 143(2)(a) and 188(2)(a) of the Constitution.