The Court of Appeal suggested an amendment to the Electoral Act aimed at allowing a governor whose deputy has been disqualified by a qualified court to be sworn in and subsequently choose a different running mate.
On Thursday, February 13, 2020, the Supreme Court dismissed David Lyon of the All Progressives Congress (APC) from his position as the governor-elect of Bayelsa State, just a day before his scheduled inauguration.
In November 2019, Lyon emerged victorious in the governorship election; however, a five-member panel of the Supreme Court, headed by Justice Mary Odili, annulled his election. This decision was made because his deputy, Biobarakuma Degi-Eremienyo, had provided inaccurate information to the Independent National Electoral Commission (INEC).
During a three-day retreat in Abuja focused on amending the 1999 Constitution and the Electoral Act 2022, the appellate court emphasized the need to rectify the 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. This event was attended by the leaders of registered political parties in Nigeria.
The proposed Section 187 (1) (A), she said, should read that: “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.
“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.”
