Appeal court decides tenure of 5
Govs today


April 15, 2011

News

By Ikechukwu Nnochiri


The Abuja Division of the Court of Appeal,
will today, decide the fate of five sitting
Governors of Kogi, Adamawa, Sokoto,
Bayelsa and Cross River states, with
regards to whether or not they should
vacate their respective offices on the 29th of
next month.
The appellate court which will today deliver
judgment on the appeal that was lodged
before it by the Independent National
Electoral Commission, INEC, will by
extension, determine the legal propriety of
the judgment of a Federal High Court in
Abuja, which on February 23, barred the
electoral body from including the affected
states in the scheduled April 26
gubernatorial elections.
INEC had earlier implored the appellate
court to expedite hearing in the suit to
enable it determine whether to include the
states in its electoral plans for this month.
It pleaded the five-man panel of Justices
handling the matter to promptly determine
the expiration of the current tenures of the
five sitting governors.
It would be recalled that a Federal High
Court in Abuja on February 23, stopped
INEC from including these five states in its
electoral plans for this year, saying that
vacancy would legally exist in the various
states in 2012.
Trial Justice Adamu Bello, who delivered the
said judgment, specifically held that their
tenure legally commenced in 2008 when
they took fresh oath of office and oath of
allegiance, following the nullification of their
previous elections of April 14, 2007, by
various divisions of the appellate court.
The court had consolidated all the five
appeals brought by INEC with one appeal
lodged by the Attorney General of the
federation against the governors of Bayelsa
state Chief Timpre Sylva, Alhaji Ibrahim
Idris (Kogi), Alhaji Aliyu
Magatakarda Wammako (Sokoto), Admiral
Murtala Nyako (Adamawa) and Sen. Liyel
Imoke ( Cross River ).
INEC counsel Abubakar Mahmud SAN while
adopting his briefs of argument had prayed
the court to allow the appeal and set aside
the decision of the lower court which he
said were in error. He said that the four
year tenures of the governors started to
run when they first took their oath of
offices in May 2007.
Mahmud SAN further submitted that the
governors were now caught by the
constitution of the Federal Republic of
Nigeria 2010 as amended. He said the
governors were exercising delegated
powers of the electorates which were for a
specific period of four years.
Mahmud submissions were vehemently
opposed by Chief Ladi Williams, S.IAmeh
SAN,J. Akubo SAN, Kanu Agabi SAN , Paul
Erukoro SAN and Chief Olusola Oke who
represented Governors Sylva, Wammako,
Idris Imoke, Imoke and,PDP respectively.
Their contention was that the governors
who went through a fresh election after the
nullification of their 2007 elections were not
caught by the amended constitution which
came into effect on July 16 2010 therefore
their tenures started to run from the day
they took the second oath office. The trial
court in the said judgment, had equally set
new dates for the termination of the
tenures of the governors.
It specifically held that Governor Ibrahim
Idris, Kogi, will stay till April 5,2012; Aliyu
Wammakko, Sokoto, till May 28,2012;
Timipre Sylva, Bayelsa, leaves the next day
on May 29, 2012; Liyel Imoke ’s tenure in
Cross River terminates on August 28, 2012;
and Murtala Nyako, Adamawa, to stay in
office till April 30th, 2012.
www.vanguardngr.com/2011/04/appeal-court-decides-tenure-of-5-govs-today/