Topic: Supreme Court Sacks Five Govs  (Read 1712 times)

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Supreme Court Sacks Five Govs
« on: January 28, 2012, 03:57:19 AM »
IN a unanimous decision of a seven-man panel, the Supreme Court yesterday declared that the tenure of five state governors- Ibrahim Idris (Kogi), Murtala Nyako (Adamawa), Timipre Sylva (Bayelsa), Aliyu Wamakko (Sokoto) and Liyel Imoke (Cross River)- had elapsed since May 29, last year.

The panel, presided over by the Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher, also had Justices Walter Onnonghen, Mahmud Mukhtar, Chukwuma Eneh, Muntaka Coomasie, Olufunlola Adekeye and Mary Peter-Odili.



In its reaction to the judgment, the federal government directed Speakers of the state Houses of Assembly in the affected states to take over the reins of power, pending the conduct of fresh elections.

It also ordered the Inspector General of Police and other security agencies to ensure there was a conducive atmosphere for smooth transition.            .

WHILE some of the Speakers were sworn in yesterday, there was drama in Kogi, as the state Chief Judge refused to swear in Mr. Idris Wada of the Peoples Democratic Party (PDP), who won the last governorship election.

A Customary President, with the Speaker in attendance, later swore in Wada.

But shortly afterwards, journalists were summoned to the state assembly complex in Lokoja, where the Chief Judge swore in the Speaker to take over from Idris, as directed by the federal government.

IN Sokoto, officials in the office of the state Chief Judge said they were awaiting a written order to enable the Chief Judge swear in the Speaker as at 7.20 pm.

NESTOR Binabo, Speaker of the Bayelsa State House of Assembly, was sworn in as Acting Governor by the state Chief Judge, Justice Kate Abiri at the Gloryland Castle in Government House, Yenagoa, the state capital around 4:30 pm, with all the members of the Assembly and some members of the state executive council in attendance.

It was climaxed when the newly sworn-in Acting Governor replaced the picture of Chief Timipre Sylva with his.

Binabo, in a brief speech afterwards, said not many people expected the removal of the governor, but that since the lot had fallen on him, he would take responsibility of governing the state.

While calling for cooperation from everybody, he said he could only succeed in an atmosphere of peace, unity and togetherness.

He vowed to ensure the conduct of peaceful, free and fair governorship election in a fortnight, just as he reiterated his resolve not to condone any act of violence within the short period he would be in office.

IN a solemn and sober moment, Speaker of the Cross River State House of Assembly Mr. Larry Odey was yesterday sworn in to take over from Imoke by the state Chief Judge, Justice Dorothy Eyamba-Idem.

Most of the executive council members and other aides of the former governor were present in the brief ceremony.

Speaking immediately after the ceremony, Odey said: “This is a sober moment for us in Cross River State. I do know that in all things, God says we should give him thanks.

“I am confident that in a short time from now, the INEC would come up with a timetable to re-elect Imoke to come and re-occupy his seat.

“We have gone through this before and we came out strong. This time, we would come out stronger.”

He added: “Given the synergy that exists between the three arms of government, the executive, we have defined a path of progress and growth.

“With all sense of humility, I say we would put in our best to make or principal proud of us.

“I call on all of us to ensure we remain at our duty posts and make the necessary sacrifices required of us to make the state move forward.

“At times like this, miscreants take advantage, but I am sure the service chiefs here and security agents are capable of handling any situation.”

Meanwhile, Imoke in a press statement signed by him and circulated to the press yesterday, accepted the verdict and thanked the people for their cooperation.

He implored them to extend the same level of support to Odey.

IN Adamawa, there was jubilation over the judgment, just as Speaker of the state Assembly, Alhaji Ahmed Umaru Fintri was yesterday sworn in as Acting Governor.

In his speech, Fintri vowed not to tolerate any act of violence or action that could breach the rule of law in the state.

He solicited the support of traditional rulers, clergymen and Adamawa people in the Diaspora to contribute their quota to development of the state.

THE apex court held that the tenure of the governors took effect from the day they took the first Oath of Office, based on the “voidable” election, insisting that it was a misconstruction to contend that their tenure should be aggregated from the day they took the second Oath of Office, following their victories at the 2008 rerun polls in their various states.

Delivering the lead judgment, Justice Walter Onnonghen further held that by the provisions of Section 180 of the 1999 Constitution, it was not the intention of the lawmakers for governors or the President to occupy office beyond two terms of four years each.

He, therefore, held that whereas the elections of the governors were annulled by the courts, the acts of the governors, taken while in office prior to the said annulments, including the Oath of Office, which they took remained valid and therefore it is the day of that Oath taking that begins the counting of their tenure.

He further held that it would be ridiculous and illegal to uphold the argument that the acts of the governors under the first election were valid and lawful, while the oath they took was invalid and voided.

Onnonghen reckoned that the wise men who drafted the constitution did not contemplate a rerun election when they framed Section 180 and therefore held that no person elected under the 1999 Constitution can remain in office beyond the time provided by it.

News on Guardian

 

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