A bill designed to designate the Court of Appeal as the final body to determine the gubernatorial election petition successfully passed the second reading of the House. The bill is sponsored by Ndokwa East/Ndokwa West/UKWUANI federal voters representing Delta State, and aims to amend Article 246 of the 1999 Constitution.
Under the current provisions, Article 246 provides that the Court of Appeal’s decision on election petitions related to national and state parliamentary elections is final. Ezechi’s proposed amendment is also intended to extend this ending nature to the governor’s election as well. If passed, the law will prevent the gubernatorial election dispute from reaching the Supreme Court.
Ezechi, who introduced the bill in 2024, said the legislation was intended to reduce delays and costs associated with post-election litigation. The new law will eliminate the need to appeal to the Supreme Court, which sometimes reverses the appeals court’s ruling in the governor’s case.
Recent cases highlight issues with the current system. In 2023, the court and the Court of Appeals abolished the Democratic People’s Democratic Party (PDP) Caleb Mutfwang’s election as governor of Plateau State, but the Supreme Court then overturned the ruling in January 2024, reaffirming Mutfwang’s victory. Similarly, the Court of Appeal was elected governor of Kano State for Abba Yusuf, but the Supreme Court was invalid.
If passed, it could significantly simplify the process and prevent further appeals, thus providing greater stability to the country’s electoral system. The bill is now moving forward for further consideration in the House.
