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Zig Ziglar, a popular man of axiom, once said ‘It is not what happens to
you; it is how you handle what happens to you that is going to make the
difference in your life.’Another saying by Anne of Austria goes this way:
God is a sure paymaster. He may not pay at the end of every week, or
month, or year, but remember He pays in the end.
This is a pointer to the fact that God is a sure rewarder of every good
deed. He does not sleep. He does not slumber. He does not delay. And
true to the words of Ziglar, a man is expected to express positive spirit at
all times because God always has a say in what happens to him.
It is true that the Supreme court, the highest arbiter of law in the land has
given judgement on the tenure of five Governors: Ibrahim Idris of Kogi,
Murtala Nyako of Adamawa, Aliyu Wamako of Sokoto, Temipre Silva of
Bayelsa and our own Liyel Imoke. It is also true that these Governors
have been ordered by the Court to vacate Office immediately, but lessons
must be learnt from all this, as well as its implication on the non-relented
bid of Senator Imoke to re-contest the governorship election.
First, the ruling has put an end to the political entanglement that has
been existing for a long time over when the tenure of the affected
Governors actually started, after their initial oath-taking in May 29, 2007,
and when it ought to have ended after another oath was administered on
them on separate dates.
Then came the verdict that ended the puzzle: The court in Abuja held that
the tenures of the governors started to count from the time they took their
oath of office after emerging winners in their respective state governorship
elections in 2007 and not from the period they took their second oaths of
office after emerging winners of the re-run elections when the initial
elections were nullified.
A Federal High Court had earlier held that their tenures of office started to
run from their later oaths of office and oath of allegiance which they took
upon their emergence as winners of their respective re run elections.
The apex court, which gave its judgement on Friday held that the trial
court as well as the Court of Appeal erred in law when the considered the
actions taken by the respective governors before their elections were
nullified by the various Election Petition Tribunals as valid on one hand
while discounting the time they spent doing those valid actions from their
constitutionally prescribed tenure of office.
According to Section 180 (1) of Nigeria’s 1999 Constitution, subject to its
provisions, a person shall hold the office of Governor of a State until -
(a) When his successor in office takes the oath of that office; or
(b) he dies whilst holding such office; or
(c) the date when his resignation from office takes effect; or
(d) he otherwise ceases to hold office in accordance with the provisions of
this constitution.
In reaching their decision, in a ruling presided over by Justice Walter
Onneghen, the Supreme Court relied on section 180 (2) of the
Constitution wherein the tenure of office of Governors were prescribed and
held that that section did not envisage any form of elongation of
occupants of the office of the Governor of the state as well as that of the
President.
The section reads: Subject to the provisions of subsection (1) of this
section, the Governor shall vacate his office at the expiration of period of
four years commencing from the date when -
(a) in the case of a person first elected as Governor under this
Constitution, he took the Oath of Allegiance and oath of office; and
(b) the person last elected to that office took the Oath of Allegiance and
oath of office or would, but for his death, have taken such oaths.
The court held that the provisions of that section of the Constitution will
stand violated if the tenure of office of the Governors is calculated from
their second taking of Oath of Office and the Oath of Allegiance and
stated that their tenure started counting from their first Oath of office
which they all took after they were declared winners of the April 2007
elections and that they are entitled to four year terms from that date.
While dismissing the preliminary objections of the Peoples Democratic
Party (PDP), the apex court maintained that the matter is of grave
constitutional importance whose subject matter is still alive and cannot
be truncated on the grounds of mere technicalities.
And in countering the decisions of the Federal High Court and that of the
Court of Appeal, which have earlier given credence to the second oaths
administered on the affected Governor, viz a viz, the August 26, 2008 oath
administered on Governor Imoke, the apex court asserted that the
provision of the law did not envisage an indefinite occupation of office by a
Governor and did not also envisage re run elections, left alone one to be
won by the same person.
It went on to hold that since actions of these governors, like contracts
awarded by them, Commissioners and Special Assistants appointed by
them as well as Budgets and Bills signed into law by them remained valid
and subsisting when their election were annulled, that it followed that
upon emerging winners of their respective re run elections, and having to
take another Oaths of Office and Allegiance which is a standard
procedure before they can function as Governors, that their tenure begins
to count from that first oaths they took in 2007 and not the second ones
they took in 2008 after their victories in the re-run elections.
Therefore, having now been faced with these realities, there is need for
these relevant provisions to be streamlined so as to accommodate future
challenges that may arise from political situations such as this.
There is also a need for the judiciary to always be prompt with their
pronouncements and verdict rather than give room for tension and shocks
before judgements are reeled out on sensitive issues such as this.
Regrettably, delayed judgements, such as this one given in Friday, are
capable of causing confusion and disaffection among political players in
the affected States. For instance, in Kogi State, as soon as the
judgement ordering the swearing in of Speakers of the affected Houses of
Assembly, both the House and Speaker and the Governor-Elect were
immediately sworn in, thereby throwing the State into the state of
bewilderment.
Besides, many questions are also being asked about certain
interpretations of the judgements, considering the urgency such
elucidation demands at the moment. The affected States are eager to
vote in their preferred candidates as Governors.
In the case of Cross River, the PDP has conducted its gubernatorial
primaries, where Senator Imoke has emerged as the preferred flagbearer,
under the watchful eyes of Independent National Electoral Commission
(INEC) as required by law. The electoral body, through its Resident
Electoral Commissioner in the State, Barr. Mike Igini, who was at the
venue of the exercise, has described it as fair and transparent.
It was not the first time Senator Imoke will be getting the nod of the
people to fly the flag of the party. Ahead of the gubernatorial election he
was to stand for in 2011, he also got the flag, which was duly recognized
by INEC.
Interestingly, the choice of Senator Imoke by the people is always
anchored on the fact that he understands what it takes to serve people.
No wonder the people are resolving again that this recent judgement will
not change their preference for the Senator as they get set to cast their
votes for him in the coming election.
The high rate of transformation the State is now witnessing, beginning
from 2007 when the Senator took his first oath to serve and respect the
Constitution of the Federal Republic of Nigeria without fear or favour, is
also a factor. Imoke has never disappointed the people. He has always
served everyone, irrespective of language, tribe, political opinion and belief
with all sense of responsibility.
Another interesting point to note here is that as soon as the judgement
was given, Senator Imoke pledged cooperation with it in a message to the
people and urged all to cooperate with the Acting Speaker and INEC in
ensuring a peaceful transition.
This act of swift compliance with the law, gave him away as humble and
willing to continue abiding with the law. He did not delay in handing over
to the Speaker of the State House of Assembly, who by his matured
handling of legislative affairs in the State, and teamwork with the
administration of Senator Imoke, is capable of directing affairs until the
election is conducted.
The Speaker, not known for double-speak, has demonstrated his support
and that of the House by their recent endorsement of Senator Imoke for
another term in office. They have further indicated this support by the
creation of mutual relationship with the Executive, a situation that has
distinguished the House from other legislative houses in the country,
where rancor and display of selfish interests have become the order of the
day.
The people on their part have a principal role to play in the face of all of
this. There is no need to lose faith with the ambition of Senator Imoke, or
worry that the process of transformation will be halted at this critical
moment. This is the time to come together and ensure the success of
this administration and that of Senator Imoke in the coming election.
Written by Otei Oham.
you; it is how you handle what happens to you that is going to make the
difference in your life.’Another saying by Anne of Austria goes this way:
God is a sure paymaster. He may not pay at the end of every week, or
month, or year, but remember He pays in the end.
This is a pointer to the fact that God is a sure rewarder of every good
deed. He does not sleep. He does not slumber. He does not delay. And
true to the words of Ziglar, a man is expected to express positive spirit at
all times because God always has a say in what happens to him.
It is true that the Supreme court, the highest arbiter of law in the land has
given judgement on the tenure of five Governors: Ibrahim Idris of Kogi,
Murtala Nyako of Adamawa, Aliyu Wamako of Sokoto, Temipre Silva of
Bayelsa and our own Liyel Imoke. It is also true that these Governors
have been ordered by the Court to vacate Office immediately, but lessons
must be learnt from all this, as well as its implication on the non-relented
bid of Senator Imoke to re-contest the governorship election.
First, the ruling has put an end to the political entanglement that has
been existing for a long time over when the tenure of the affected
Governors actually started, after their initial oath-taking in May 29, 2007,
and when it ought to have ended after another oath was administered on
them on separate dates.
Then came the verdict that ended the puzzle: The court in Abuja held that
the tenures of the governors started to count from the time they took their
oath of office after emerging winners in their respective state governorship
elections in 2007 and not from the period they took their second oaths of
office after emerging winners of the re-run elections when the initial
elections were nullified.
A Federal High Court had earlier held that their tenures of office started to
run from their later oaths of office and oath of allegiance which they took
upon their emergence as winners of their respective re run elections.
The apex court, which gave its judgement on Friday held that the trial
court as well as the Court of Appeal erred in law when the considered the
actions taken by the respective governors before their elections were
nullified by the various Election Petition Tribunals as valid on one hand
while discounting the time they spent doing those valid actions from their
constitutionally prescribed tenure of office.
According to Section 180 (1) of Nigeria’s 1999 Constitution, subject to its
provisions, a person shall hold the office of Governor of a State until -
(a) When his successor in office takes the oath of that office; or
(b) he dies whilst holding such office; or
(c) the date when his resignation from office takes effect; or
(d) he otherwise ceases to hold office in accordance with the provisions of
this constitution.
In reaching their decision, in a ruling presided over by Justice Walter
Onneghen, the Supreme Court relied on section 180 (2) of the
Constitution wherein the tenure of office of Governors were prescribed and
held that that section did not envisage any form of elongation of
occupants of the office of the Governor of the state as well as that of the
President.
The section reads: Subject to the provisions of subsection (1) of this
section, the Governor shall vacate his office at the expiration of period of
four years commencing from the date when -
(a) in the case of a person first elected as Governor under this
Constitution, he took the Oath of Allegiance and oath of office; and
(b) the person last elected to that office took the Oath of Allegiance and
oath of office or would, but for his death, have taken such oaths.
The court held that the provisions of that section of the Constitution will
stand violated if the tenure of office of the Governors is calculated from
their second taking of Oath of Office and the Oath of Allegiance and
stated that their tenure started counting from their first Oath of office
which they all took after they were declared winners of the April 2007
elections and that they are entitled to four year terms from that date.
While dismissing the preliminary objections of the Peoples Democratic
Party (PDP), the apex court maintained that the matter is of grave
constitutional importance whose subject matter is still alive and cannot
be truncated on the grounds of mere technicalities.
And in countering the decisions of the Federal High Court and that of the
Court of Appeal, which have earlier given credence to the second oaths
administered on the affected Governor, viz a viz, the August 26, 2008 oath
administered on Governor Imoke, the apex court asserted that the
provision of the law did not envisage an indefinite occupation of office by a
Governor and did not also envisage re run elections, left alone one to be
won by the same person.
It went on to hold that since actions of these governors, like contracts
awarded by them, Commissioners and Special Assistants appointed by
them as well as Budgets and Bills signed into law by them remained valid
and subsisting when their election were annulled, that it followed that
upon emerging winners of their respective re run elections, and having to
take another Oaths of Office and Allegiance which is a standard
procedure before they can function as Governors, that their tenure begins
to count from that first oaths they took in 2007 and not the second ones
they took in 2008 after their victories in the re-run elections.
Therefore, having now been faced with these realities, there is need for
these relevant provisions to be streamlined so as to accommodate future
challenges that may arise from political situations such as this.
There is also a need for the judiciary to always be prompt with their
pronouncements and verdict rather than give room for tension and shocks
before judgements are reeled out on sensitive issues such as this.
Regrettably, delayed judgements, such as this one given in Friday, are
capable of causing confusion and disaffection among political players in
the affected States. For instance, in Kogi State, as soon as the
judgement ordering the swearing in of Speakers of the affected Houses of
Assembly, both the House and Speaker and the Governor-Elect were
immediately sworn in, thereby throwing the State into the state of
bewilderment.
Besides, many questions are also being asked about certain
interpretations of the judgements, considering the urgency such
elucidation demands at the moment. The affected States are eager to
vote in their preferred candidates as Governors.
In the case of Cross River, the PDP has conducted its gubernatorial
primaries, where Senator Imoke has emerged as the preferred flagbearer,
under the watchful eyes of Independent National Electoral Commission
(INEC) as required by law. The electoral body, through its Resident
Electoral Commissioner in the State, Barr. Mike Igini, who was at the
venue of the exercise, has described it as fair and transparent.
It was not the first time Senator Imoke will be getting the nod of the
people to fly the flag of the party. Ahead of the gubernatorial election he
was to stand for in 2011, he also got the flag, which was duly recognized
by INEC.
Interestingly, the choice of Senator Imoke by the people is always
anchored on the fact that he understands what it takes to serve people.
No wonder the people are resolving again that this recent judgement will
not change their preference for the Senator as they get set to cast their
votes for him in the coming election.
The high rate of transformation the State is now witnessing, beginning
from 2007 when the Senator took his first oath to serve and respect the
Constitution of the Federal Republic of Nigeria without fear or favour, is
also a factor. Imoke has never disappointed the people. He has always
served everyone, irrespective of language, tribe, political opinion and belief
with all sense of responsibility.
Another interesting point to note here is that as soon as the judgement
was given, Senator Imoke pledged cooperation with it in a message to the
people and urged all to cooperate with the Acting Speaker and INEC in
ensuring a peaceful transition.
This act of swift compliance with the law, gave him away as humble and
willing to continue abiding with the law. He did not delay in handing over
to the Speaker of the State House of Assembly, who by his matured
handling of legislative affairs in the State, and teamwork with the
administration of Senator Imoke, is capable of directing affairs until the
election is conducted.
The Speaker, not known for double-speak, has demonstrated his support
and that of the House by their recent endorsement of Senator Imoke for
another term in office. They have further indicated this support by the
creation of mutual relationship with the Executive, a situation that has
distinguished the House from other legislative houses in the country,
where rancor and display of selfish interests have become the order of the
day.
The people on their part have a principal role to play in the face of all of
this. There is no need to lose faith with the ambition of Senator Imoke, or
worry that the process of transformation will be halted at this critical
moment. This is the time to come together and ensure the success of
this administration and that of Senator Imoke in the coming election.
Written by Otei Oham.
The Supreme Court Ruling and Senator Imoke’s Second Term Bid
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Examiner.com. Please avoid abusive, vulgar, racist or rude words. Our
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