EKHA Amends Electoral Law

May 11, 2012

A bill for a law to amend the Ekiti State Electoral Law, 2012 has been passed by the State House of Assembly.

Presenting the amendment  bill to other members of the House at its plenary in Ado, the House Majority Leader, Hon. Churchill Adedipe pointed out that the bill seeks to change section 37 Subsection 2, 3 and 4 of the Principal Law.

The Section is on the establishment and composition of Local Government election tribunals. Section 37 (2) of the principal law states that “an election tribunal shall consist of a Chairman and two other members, all of whom shall be persons of unquestionable integrity who have not been involved in party politics”.

The approved amendment however states that “an election tribunal shall consist of a Chairman who shall be a Chief Magistrate, and the two others, one being a magistrate and the other a legal practitioner of not less than 7 years posts call”.

Section 37 (3) concerns the constitution of Election Appeal Tribunal. The Section stipulates that the Chairman shall be a person who has held office or is qualified to hold office of a judge of a High Court while the two other members shall be a legal practitioners with not less than 12 years post qualification experience and the other shall be a non-member of the legal profession’.

The amendment to Section 37 (3) however states that ”an Election Appeal Tribunal shall consist of two High Court Judges, one of whom shall be the Chairman, and one Legal Practitioner of not less than 10 years post call.

Also, the amendment to Section 37 (4) of the Law, states that the Chairman and other members of either Tribunal shall be appointed by the Chief Judge of the State.

Members that spoke on the amendment supported the need to approve it, so as to put the composition of Local government election tribunals in the right perspective.

They concluded that the amendment will ensure that round pegs are put in round holes. Those that spoke include, Hon. Ayodeji Odu, Ogunlola Omowumi and Erinle Olusegun.

The amendment was unanimously approved by all the lawmakers and was read for the third reading by the Clerk of the House, Mr. Akintunde Famoyegun.

Members of the Tribunals shall have the mandate to determine whether an election petition arising from local government election is proper or improper.

Last modified: May 11, 2012

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