THE Federal High Court, Abuja Division on Wednesday barred the Independent National Electoral Commission (INEC) from conducting gubernatorial elections in Kogi, Sokoto, Adamawa, Cross Rivers and Bayelsa States during the general polls.
The court held that there was no vacancy in any of the five governorship seats as the tenure of the governors was still in force and would run beyond May 29.The court declared that their tenure shall not expire until sometimes next year.
The beneficiaries of the judgment include Alhaji Ibrahim Idris (Kogi); Aliyu Wammakko(Sokoto); Muritala Nyako (Adamawa); Liyel Imoke (Cross Rivers) and Timipre Sylva (Bayelsa).
Delivering his judgment in the consolidated suits filed by the five governors, Mr. Judge Adamu Bello agreed with counsel to Kogi state, Lateef Fagbemi (SAN) that the tenure of the governors legally started in 2008 when they took fresh oath of office and allegiance upon the nullification of their April 14, 2007 elections by the courts.
The court held that since 2007 elections were nullified and set aside by competent courts, the oath of office and allegiance subscribed to by the five governors upon the voided election stand nullified and set aside.
Judge Bello held that in line with section 180 of the 1999 constitution, the tenure of the governors legally commenced in 2008 and not in 2007 since the 2007 election that brought them into office in the first instance had been declared a nullity.
According to Bello, the 2007 elections being relied on by INEC to determine the tenure of the governors does not exist in the eyes of the law since it has been nullified and voided by competent courts of law. He noted that it is a trite principle of law that we cannot put something on nothing.
The Judge held that "there was nowhere in the world where a constitution takes retroactive effect as erroneously held by the INEC adding that the said amendment cannot be used to determine the tenure of the governors who took oath of office in 2008.''
The Guardian
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