The Joint National Assembly Committee on the Review of the 1999 Constitution has proposed far-reaching constitutional amendments aimed at ensuring that all election petitions are concluded before elected officials are sworn into office.
As part of the proposed reforms, the committee recommended a 60-day timeline for the disposal of election petitions at the tribunal level and an additional 60 days for appeals arising from tribunal judgments in all post-election matters.
Under the proposal, the Supreme Court would assume original jurisdiction over all petitions arising from presidential elections, while appeals from governorship election petitions would terminate at the Court of Appeal.
These recommendations are contained in 44 harmonised Constitution Alteration Bills agreed upon by the joint committee. The Bills represent the first batch of prioritised constitutional amendments presented at plenary sessions of both the Senate and the House of Representatives for legislative debate.
The lawmakers proposed an amendment to Section 232 of the Constitution, providing that the Supreme Court shall, to the exclusion of any other court, have original jurisdiction to determine whether:
any person has been validly elected as President or Vice President,
the term of office of the President or Vice President has ceased, or
the office of President or Vice President has become vacant.
The amendment further stipulates that the Supreme Court shall be properly constituted for presidential election petitions with a minimum of five Justices, and that judgment must be delivered within 60 days from the date of filing the petition.
Similarly, the committee recommended an amendment to Section 239, granting the Court of Appeal original jurisdiction over governorship election petitions. The court would be required to deliver its judgment within 60 days of filing in every governorship election dispute.
The joint committee also proposed alterations to Section 286, which governs timelines for pre-election matters and election petitions. It recommended reducing the time for election tribunals to deliver judgments from 180 days to 60 days.
Appeals from tribunal decisions are also to be concluded within 60 days from the date of filing, while pre-election matters are to be determined within 60 days, and appeals arising from such matters within 30 days.
On independent candidacy, the lawmakers proposed constitutional provisions allowing individuals to contest elections without party affiliation, provided they secure at least 20 per cent of registered voters’ endorsements in each electoral ward within the constituency.
The proposal further states that:
an endorser may not support more than one candidate at a time,
the Independent National Electoral Commission (INEC) shall verify all endorsements, and
independent candidates shall pay an administrative fee to be determined by INEC, with a 50 per cent waiver for women candidates.
In addition, the committee proposed amendments to place funding of the Armed Forces on first-line charge by altering Section 81 of the Constitution. This would place the Armed Forces alongside other bodies already funded directly from the Consolidated Revenue Fund, including INEC, the National Assembly, and the Judiciary.
The lawmakers also proposed amendments to Sections 81(1) and 121(1) to mandate the President and state governors to submit annual budget estimates no later than 60 days before the end of the financial year.
The proposed constitutional changes are aimed at strengthening Nigeria’s electoral justice system, democratic accountability, and institutional efficiency.
