The House of Representatives is considering enacting a law that would require all election petitions to be resolved before winners are sworn into office.

 

The constitution amendment bill, which passed second reading on Tuesday, proposes that all appeals from election disputes be concluded before the swearing-in of the president-elect, vice president-elect, governors-elect, deputy governors-elect, and members-elect of the national and state assemblies.

 

Sponsored by Mansur Soro representing Darazo/Ganjuwa federal constituency from Bauchi and five other lawmakers, the bill was read for the first time at the green chamber in October 2024.

 

The proposed legislation seeks to amend section 285 of the 1999 constitution which deals with the establishment and jurisdiction of election tribunals.

 

The bill seeks to introduce a new subsection stating: “All appeals arising from the presidential, governorship, national and state Assemblies election petition, tribunals shall be determined by the appellate courts prior to the swearing-in of candidates returned as winners by the Independent National Electoral Commission.”

 

It further proposes a new subsection to empower INEC to “prepare its guidelines and timelines of activities to provide sufficient time for the determination of all appeal cases before swearing-in of candidates”.

 

Over the years, there have been debates about the practice of swearing in elected officials before the election disputes are resolved.

 

 

Critics argue that when elected officials assume office before election disputes are concluded, they could influence the outcome of the litigation.

 

There have also been cases where elected officials were sworn into office but later removed by court judgements.

 

In 2020, the supreme court annulled Emeka Ihedioha’s election as governor of Imo state after he had taken office. The court declared Hope Uzodinma as winner of the poll.

 

Similarly, in February 2020, David Lyon was sacked by the supreme court as elected governor of Bayelsa just a day before his scheduled inauguration.

 

The apex court announced Douye Diri as the winner of the election.