The Supreme Court yesterday sacked five? state governors: Ibrahim Idris (Kogi), Murtala Nyako (Adamawa),Timipre Sylva (Bayelsa), Aliyu Wamakko (Sokoto) and Liyel Imoke (Cross River) who overstayed their four- year tenure.
In a unanimous? landmark? judgment of the seven man panel delivered by Justice Walter Onnoghen,? the apex court held that the 1999 Constitution only granted? four–year tenure? to an elected governor, saying that the tenure should be? calculated from the date he took the Oath of Allegiance, which was? May 29, 2007.
Although the judgment was hailed and loathed across the country, it immediately threw up unprecedented confusion in Kogi State as two people were sworn into office as governor of the state.
The confusion arose from the fact that the apex court did not make any consequential orders after sacking the governors.
Latching on the silence of the Supreme Court, the president of the Kogi State Customary Court, Justice Shuaibu Ibrahim, swore in Captain Idris Wada, who won the December 3, 2011, governorship election at about 2.30pm, raising more confusion and tension in the state.
Shortly after, the chief judge of the state, Justice Nasiru Ajana, inaugurated the speaker of the State House of Assembly, Mr. Abdullahi Bello, as the acting governor of the state, making the state the first in the country to have two sitting governors at the same time.
Before the swearing in of Wada, the chief judge of the state had met with the former governor and other top government functionaries for over an hour but left the Government House without any word on the swearing in of anybody.
But when the CJ apparently declined to inaugurate? Wada, the customary court boss in the state was immediately drafted in to swear in the man, who was recently elected as the governor of the state.
But Wada’s inauguration by the CCP, angered members of the state House of Assembly, who had thought that one of their own would be sworn in as stipulated by the law, and they stormed out of the Government House in protest.
They were however persuaded to return to the Government House, which had by then been taken over by stern-looking security men, for the swearing in of Abdullahi Bello as the acting governor of the state, an event that finally calmed frayed nerves.
The acting governor represents Okene 1 State Constituency from the central axis of the state.
The chief judge, Justice Nasiru Ajanah, explained that the speaker was sworn in following the pronouncement of the Supreme Court and to avoid a vacuum in governance.
By precedent,? the governors should vacate office immediately and by virtue of section 191 (2) of the 1999 Constitution, the speakers are expected to be sworn in by the chief judge of the states pending the conduct of fresh election by the Independent National Electoral Commission (INEC).
Dismissing the judgment of the Court of Appeal in Abuja which affirmed the decision of a Federal High Court in Abuja, Justice Onnoghen said, “It is settled law that the time fixed by the constitution for the doing of anything cannot be extended. It is immutable, fixed like the rock of Gibraltar. It cannot be extended, elongated, expanded or stretched beyond what it states”.
Justice Onnoghen further held that to calculate tenure of office of the governors from the date of their second oaths of allegiance and of office while ignoring the period from May 29, 2007 when they took the first oaths was to extend the four years tenure constitutionally granted the governors to occupy and act in that office, would be unconstitutional.
”It is therefore clear and I hereby hold that the second oaths of allegiance and of office taken in 2008 were clearly superfluous in the determination of the four years tenure under section 180 (2) of the 1999 Constitution.
“In conclusion, I resolve the issue against the respondents”
But the apex court acknowledged that the advice of the amicus curie (friends of the court) helped immensely in resolving the tenure elongation dispute.
Onnoghen further said, “I however take this opportunity to thank the legal luminaries who accepted the invitation of this court to act as amicus curie and availed the court of their views which have in no small way helped to resolve the thorny constitutional issue which had heated up the policy for quite some time now”.
“I allow the appeals which have been demonstrated to be meritorious and set aside the judgment of the lower courts.
“In consequence, I hold that the tenure of the five governors began on May 29, 2007 and terminated on May 28, 2011 being four years allowed by the constitution.
“Appeals filed by INEC and Brigadier-General Buba Marwa are hereby allowed. It is further ordered that parties bear their costs.”
The former Lagos State military governor and the Congress for Progressive Change (CPC) gubernatorial candidate in the 2011 poll, Brig-Gen. Buba Marwa, had through his lawyer, Chief Wole Olanipekun (SAN), filed an appeal, asking the apex court to direct the five governors to vacate their seats on the grounds that they were elected on a four-year tenure which ended on May 29.
On November 28, 2011, two out of the three amicus curie (friends of the court) invited by the apex court to advise it on the matter, Dr? Konyinsola Ajayi (SAN) and Prof. Itse Sagay (SAN) argued that the tenure of the five governors had lapsed.
But the third amicus curie, Chief Richard Akinjide (SAN), disagreed with his colleagues and averred that the five governors were entitled to the tenure elongation.
But in the brief submitted to the court,? Akinjide in his conclusion,? stated: “It is my view and I so submit that the Oath of Allegiance and Oath of Office taken by the 1st Respondent on May 29, 2007, based on the nullified election cannot be a valid reference point for the calculation of the four-year term of office. His four-year tenure started to run, in law, following the April 30, 2008 Oath of Allegiance and Oath of Office taken pursuant to the re-run election as ordered by the Court of Appeal.”
But Sagay argued that,? Marwa’s appeal should succeed on the grounds that section 180(2) of the 1999 Constitution does not envisage a situation in which a person can physically occupy the position of governor for more than four? years in a single tenure.
”An election is only nullified effectively with effect from the date of judicial pronouncement. The decision of a court in an annulled election is constitutive of that nullity and therefore,? cannot have a retrospective effect on the tenure and actions taken by the governors before the nullification order.”
Sagay went further to state: “It follows, therefore,? that both the pre-nullification tenure and acts flowing from it are recognisable by law as valid legal effect of the annulled election. This means that the period spent in office as governor by the person concerned must count as part of his tenure.
“The court will not lend its aid to an immoral or illegal act, neither will it allow a person to benefit from his wrong or a wrong in his favour.
“Opening the constitutional gate to an indefinite tenure in office by governors is not only contrary to the provisions of the constitution and public policy, but will lead to gross abuse in the Nigerian type of society.”
In his own argument, Ajayi said, “By the combined provisions of sections 180 1 and 182 1b of the 1999 Constitution, a person can hold the office of governor of a state only for four years per term and that a governor has maximum period of 8 years in office.
“The nullification of the elections of the 1st Respondent and the other beneficiaries of the decision of the lower court did not perforce result in the nullity of the oaths of allegiance and oaths of office taken by them as governors of their respective states.
The relevant period for the computation of the tenure of the 1st respondent is May 29, 2007 which is the date he took the first oath of allegiance and oath of office as the governor of Adamawa state and not when he took his second oath of allegiance and oath of office in 2008.
“The period the 1st respondent spent in office as the governor of Adamawa State prior to the nullification of the election that brought him to office should be reckoned with in the computation of his term of office. In the premises, this court is urged to resolve this appeal against the 1st respondent and vacate the decision of the lower court.”
In a bid to prevent any ambiguity, the attorney-general of the federation and minister of justice, Mohammed Adoke, SAN, immediately issued a statement aligning with the verdict of the apex court.
Adoke, in the statement, asked speakers of the respective states houses of assembly to take over the reins of power with immediate effect.
The minister also asked the inspector- general of police and other law enforcement agencies to put in place appropriate security measures to ensure orderly transition in the affected states.
The statement said: “The Federal Government acknowledges the judgment of the Supreme Court and in line with the provisions of Section 191(2) of the 1999 Constitution of the Federal Republic of Nigeria as amended, calls on the Honourable Speakers of the State Houses of Assembly of the affected states to take over the governance of their respective states pending the conduct of fresh governorship elections by the Independent National Electoral Commission (INEC).
“The Inspector-General of Police and other law enforcement agencies have been directed to put in place, appropriate security measures to ensure orderly transition and to avoid any breach of the peace.
“The Federal Government of Nigeria remains committed to the observance of the rule of law in all parts of the federation and therefore calls on the political leadership in the affected states to give full effect to the judgment of the Supreme Court of Nigeria,.” Adoke said.
The Bayelsa State capita, Yenagoa erupted in ecstasy as soon as the news of the removal of the former governor, Timipre Sylva, reached the people.
Many of the indigenes immediately trooped to the streets, dancing, singing and drinking, thereby causing heavy traffic congestion in the main city.
The jubilation was climaxed with the swearing in of the Speaker of the state House of Assembly, Mr. Nestor Binabor, by the state Chief Judge, Justice Kate Abiri.
In Sokoto, it was a mixture of celebration and sadness over the removal of the former governor, Alhaji Aliyu Wamako, from office by the apex court.
While the opposition, All Nigeria Peoples Party, ANPP trooped to the street to celebrate Wamako’s ouster, his PDP supporters marched to the streets to register their unalloyed support for the former governor.
The chief judge of the state, Justice Aisha Dahiru, is expected to swear in the speaker of the state House of Assembly Hon. Mohammed Zayyanu today.
In Calabar, the Cross River State capital, the Speaker of the state House of Assembly, Mr. Larry Odey, was sworn in as acting governor by the Chief Judge, Dorothy Iyamba Idem to replace the sacked governor, Senator Lyel Imoke, who said he had accepted the court verdict in good faith.
The state erupted in wild jubilation and confusion as the news of the sack of the state governor broke out. Initially, the workers were in bad mood, but when the PDP rallied party supporters to demonstrate support for the ouster governors, workers joined in the solidarity march.
While Imoke’s opponents were jubilating over the sack, the PDP mobilised its supporters from the 18 LGAs in the state to demonstrate their support for the former governor, who the party said would win the next election with ease, as he did before.
In Adamawa State, the Speaker of the State House of Assembly, Mr. Adamu Umar Fintiri, was sworn in by the state chief Judge, Justice B. P. Lawi, as the acting Governor of the state, in line with the court ruling.
As in other states, the supporters of the former governor, Murtala Nyako, who were shocked by the judgment, assembled in Government offices to express their support to him, while his opponents organised big rallies to celebrate his unceremonious exit from the Government House.
Most of the former governor’s loyalists said he would bounce back anytime INEC conducts the governorship election in the state.
But the Independent National Electoral Commission, INEC, appears to have been thrown into more confusion by the Supreme Court ruling. However, the commission says it will make its position known on Monday.
Findings showed that the decision of the court might necessitate fresh changes to? its schedule of governorship elections in the affected states.
It is not yet clear if the INEC would press ahead with the gubernatorial election in Bayelsa State slated for February 11, 2012.
“Until the commission takes a decision, the situation remains as they are as it relates to scheduled elections,” the chief press secretary to the INEC chairman, Kayode Idowu , said after the apex court ruling.? Top management staff of the commission held at series of meetings yesterday shortly after the court ruling but the outcome was not made public.
However, the Peoples Democratic Party, on whose platform, the five governors ran their election, has kept mum on the development.
Top officials of the ruling party at Wadata House declined to comment on the matter despite several requests, on the grounds that the presidency and the party was studying the court verdict with a view to taking a stand.
A source at the party headquarters said that the party was mindful of the fact that the ruling had compounded issues relating to the primaries earlier conducted by the party.