Appeal Court moves to save governors-elect with disqualified deputies

David Lyon

Appeal Court argued that the removal of a disqualified deputy-governorship candidate should not affect a governor-elect

By Kehinde Okeowo

Apparently in an effort to atone for perceived injustices of the past, the Court of Appeal has initiated a move to ensure that governors-elect in Nigeria are sworn in even when their deputies suffer disqualification.

The appellate court on Tuesday during a three-day retreat which focused on amending the 1999 Constitution and the Electoral Act 2022, suggested an amendment to the Act.

According to the court, the move is aimed at allowing a governor-elect whose deputy has been disqualified by a court of competent jurisdiction to be sworn in and subsequently choose a different running mate.

During the retreat, the judges of the Appeal Court also emphasized the need to rectify other existing discrepancies.

The amendments suggested by the President, Court of Appeal, Hon. Justice Monica Dongbam-Mensem, were introduced to the NASS panel by Justices Peter Olabisi Ige and Abba B. Mohammed.

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The proposed Section 187 (1) (A) read: “The removal of a deputy-governor or deputy-governorship candidate on account of qualification or disqualification by a Court or Tribunal, shall not affect the election of a governorship candidate or governor-elect.”

The judges added, “Section 187 (1) (B) If a deputy governor or deputy-governorship candidate is removed by a Court or Tribunal, the governor or governorship candidate shall have the right to nominate another person as deputy-governor or deputy-governorship candidate.”

The event which was held at the nation’s capital, Abuja, was attended by the leaders of registered political parties in Nigeria.

The proposed amendments follow the decision of the Supreme Court to dismiss Bayelsa State Governor-elect, David Lyon of the All Progressives Congress (APC) from his position, just a day before his scheduled inauguration in 2020. 

Lyon won the governorship election in November 2019. However, a five-member panel of the Supreme Court, headed by Justice Mary Odili, annulled his election, saying  his deputy, Biobarakuma Degi-Eremienyo, had provided inaccurate information to the Independent National Electoral Commission (INEC).

Kehinde Okeowo:
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