Politics
On Supreme Court Ouster Of Five Governors
Democracy simply means meeting the wishes of the people. It is a government of the people by the people for the people, while the judiciary, another arm of government is placed in a way to strengthen democratic institutions by way of interpreting the law and to re-positioning and re-direct the process.
Democracy in Africa has not sufficiently helped the progress and development of the continent.
The people of Africa are yet to start choosing their leaders despite the fact that most countries in the continent practise democracy.
The people are yet to have the opportunity to elect their leaders. Leaders in some countries in Africa have used the process to sit tight in power and in government while some change the rules at the middle of the game.
Zimbabwe, where Robert Mugabe has held on to power for many years is a classical example.
The present President of Senegal whose tenure expires this year after being in office for two tenures of over eight years has succeeded in amending the electotal law of that country to suit his ambition to remain in power.
Those in government in Nigeria, the acclaimed most populated black nation in the world have tried both in the military era and civilian rules to stay put, but such attempts have failed due to complexity of the country and the people.
Last Friday, was another test for democracy in Nigeria where some governors whose intention to stay put in power longer than their allowed tenure were terminated by the Supreme Court.
The Supreme Court in its ruling terminated the tenures of Governors of Ibrahim Idris (Kogi), Murtala Nyako (Adamawa), Timipre Sylva (Bayesla), Aliyu Wamako (Sokoto) and Liyel Imoke (Cross River).
The Apex Court declared that there was no reasons whatsoever for them to stay beyond last May 29, having first taken oaths of allegiance on May 29, 2007.
A seven member Panel of the Supreme Court presided over by the Chief Justice of Nigeria (CJN) Dahiru Musdapher delievered the judgement in an appeal filed by the Congress for Progressive Change (CPC) governorship candidate in Adamawa State, Rtd Brig. General Baba Marwa and the Independent National Electoral Commission (INEC).
The Apex Court dismissed the preliminary objections raised by the Governors and the Peoples Democratic Party (PDP) to the appeal.
The court in giving its ruling explained that no elected officers under the 1999 Constitution can remain in office beyond four years.
In its view that since the acts performed during the period prior to the nullification of the election remain valid and subsisting and the same persons contested and won the re-run election thereby taking another set of oaths and since what was nullified was the election, the oath they took in 2007 remain valid and the starting point in calculating their four years tenure in office as Governors of their respective states.
The Court stretched further that the 1999 constitution does not envisage a tenure exceeding four years by the same person who took the first oath following the election which kick started the tenure.
Legal experts have expressed divergent views about the verdict sacking the five governors from office.
Prof. Itse Sagey (SAN) said the judgement was a healthy one and that it will help set a moral tone for good practice of democracy.
Sagey said apart from the fact that the judgement would set a moral tone for democracy, it would as well discourage politicians and those who would want to sit tight in government and power from rigging elections.
According to him, people should not be made to benefit from their fraud and criminality.
Also in his own contribution on the issue, a Port Harcourt based Senior Advocate of Nigeria (SAN) Sabastine Tar Hon said the sack of the five governors by the Supreme Court would be mere academic exercise for those who have contrary views on the judgement.
Hon said although the decision is final, all parties must comply with, either favourable or not.
According to him, “the Supreme Court may have to revisit the decision some day. It was the same Supreme Court that held in 2009, in the case of the Labour Party (LP) versus Independent National Electoral Commission (INEC), that when an election is annulled and re-run ordered, both the election and the oath taken are gone”.
“In this case, the original oaths the governors had taken ceased to exist, when they went in for fresh elections and subsequently took fresh oaths of office, there cannot be two oaths in one tenure, he said.
Hon however, said since the Supreme Court is the conscience of the nation which has the jurisprudential powers to give even policy decisions, we must be bound by it.
He said any contrary opinion is merely an academic exercise and urged Nigerians and politicians to always give peace a chance in order to move the country forward.
The issue of elongation came to limelight in 2007, when the Supreme Court ruled in favour of the Governor of Anambra State, Chief Peter Obi.
Chief Obi who became Governor at the middle of the tenure after obtaining judgment from Appeal tribunal against the sitting Governor then, Dr. Chris Ngige of the Peoples Democratic Party (PDP). The judgment was to allow the All Progressives Grand Alliance (APGA) candidate, Chief Obi the opportunity to serve and complete his 4 years tenure.
This became the reasons even though an election was conducted in Anambra in 2007, and by INEC and Chief Andy Uba was sworn in, Obi was asked to return to the Government House and complete this tenure as governor.
Many including Hon. Chinyere Igwe believed that the case of Chief Peter Obi versus INEC was different. He said Nigerian politicians always explore every opportunity that comes their way.
Hon. Chinyere Igwe, a former member of House of Representatives, said last Friday judgement was in order since the effected governors had served four years in office.
According to him, I see no legal backing why they should stay in office more than the stipulated time frame.
Igwe, a legal practitioner, commended the Supreme Court for its wisdom, adding that the verdict will surely reposition and strengthen democracy in Nigeria.
Bayelsa State Governor, Senator Douye Diri, has revealed that the reforms initiated and implemented by his administration led to the saving of the sum of N2.3 billion for the local government councils.
The governor disclosed this recently at the opening ceremony of an orientation programme organised for newly-elected local government council chairmen, vice chairmen, councilors and principal officers at Perdis Hotel, Akenfa.
Gov Diri stated that on assumption of office in 2020, some local government councils were highly indebted and unable to pay salaries but his administration took measures that resulted in regular payment of salaries, execution of projects and saving of funds.
The Bayelsa State Chief Executive restated his call on the Federal Government to create additional local councils in the state, saying it was injustice for some states to have more than 40 councils and receiving monthly allocation from the Federation Accounts Allocation Commission (FAAC), while the state had only eight.
He charged the newly elected local government officials to make good use of the two-day workshop to equip themselves with the requisite knowledge to carry out their responsibilities.
The governor also called on them to work as a team to ensure that development was felt at the grassroots.
“Local governments as at 2020 were unable to pay salaries, particularly Nembe, Ogbia, Ekeremor and Sagbama. There was some form of dissatisfaction in the system.
“After I went through the recommendations of the Deputy Governor, whom I entrusted with investigating the local government, I wasted no time in approving the recommendations.
“The recommendations included the ban on loans from any source by local government chairmen without approval of the governor; compulsory savings by every council; and the division of balance after payment of salaries into 60 and 40 per cent respectively. One part was for compulsory savings and the other to project implementation and immediate commencement of computerisation of their payroll as well as compulsory quarterly award of projects by each council chairman.
“We found a lot of fraud in the local government system. But as it stands today, our councils have N2.3billion as a result of the combination of the factors of reforms and proper supervision of that tier of government.
“The breakdown is N400million compulsory savings while N1.9 billion for capital projects. This is aside from the one done by caretaker committees in terms of project execution within the short period they stayed”, the governor said.
Gov Diri assured of his administration’s commitment to support the councils to achieve their goals and expressed confidence that the new officials would meet the expectations of the people.
“We firmly believe that good governance begins at the grassroots level. That is precisely why we have gathered here to equip you with the necessary skills and knowledge to improve our local government administration and enhance service delivery.
Ariwera Ibibo-Howells, Yenagoa
The Eze Oruamara/Regent of Okwuzi Kingdom in Ogba/ Egbema/Ndoni Local Government Area of the State, Eze Victor Afaka, has sued for peace among the political class in the State.
Eze Afaka made the appeal while speaking with The Tide on the sidelines of the governorship victory thanksgiving service by the Ogba Egbema /Ndoni Chapter of the Simplified Movement in Omoku.
He said Governor Fubara should be allowed to display the vision that God has given to him to govern the state.
According to him, since every administration has its term and tenure, the man presently at the helm of affairs in Rivers State must be given the opportunity to complete his own term and tenure.
“I advise politicians to sheathe their sword and allow peace to reign. Politics and governance have their terms and tenure. When it is your tenure, you have your vision to display; when you conclude that vision God has given you as a leader of your community or of a state, you step aside and leave the next person to display the vision God has given to him” he said.
The traditional ruler said he and his people, including the youth, women and the Ogbakor Egbema, decided to attend the service because of the excellent vision of Governor Fubara
“We are happy, Okwuzi people are in full support of the government, the government of His Excellency, Sir Siminalayi Fubara”, he added.
He said that the governor’s peaceful disposition to governance has endeared him to His Kingdom, noting that Okwuzi kingdom was already a beneficiary of the present administration’s purposeful governance as the Omoku/Okwuzi road abandoned 10 years ago, was nearing completion.
“ONELGA, Okwuzi are benefitting from his government.The road that was abandoned for ten years is being completed right now and we know that there are so many other things he will do for us”, he said.
While urging the state government to give desired attention to the Okwuzi General Hospital that is in a state of dilapidation, Eze Afaka entreated Governor Fubara not to be distracted, but to continue to promote peace and development across the State.
John Bibor
A group of North Central stakeholders in the All Progressives Congress (APC) has stormed the national secretariat of the party in Abuja, demanding the resignation of the National Chairman, Dr Abdullahi Ganduje.
Addressing newsmen in Abuja yesterday, the protesters said their demand followed his recent suspension by a faction of his ward executives and the alleged bribery allegation levelled against him by the Kano State government.
While they chanted solidarity songs and displayed several banners some of which read, “Ganduje must resign” and “Return the APC chairmanship to North Central,” the protesters appealed to President Bola Tinubu and the Secretary to the Government of the Federation (SGF), George Akume, to consider returning the leadership of the party to the North Central.
Only on Tuesday, the Forum of APC State Chairmen had passed a vote of confidence on Ganduje, affirming their unalloyed support to him.
The protesters under the aegis of Concerned North Central APC Stakeholders lamented that the continued stay of Ganduje in office was a clear violation of the zoning principle in the party.
Mohammed Saba, who led the protesters, said unlike the 37 APC state chairmen, his people in the North Central have passed a vote of no confidence on the national chairman and equally demanded his immediate resignation.
Saba reiterated that the people of North Central felt betrayed when the position of APC national chairman was hijacked from them following the exit of Senator Abdullahi Adamu despite giving Tinubu the third highest votes after North West and South West at the 2023 presidential election.
He said, “We, the North Central APC Concerned Stakeholders, have resolved to unanimously agitate for our right and reclaim our mandate which was handed unto us by the National Convention of our great Party in 2022.
“Various sections of our constitution have established the procedure of replacing an executive member at all levels of the party in the event of death, resignation, incapacitation or expulsion from the party by any executive member.
“It is a fact that the emergence of Dr. Umar Ganduje as national chairman was done against the spirit and soul of the APC which is the constitution of our great party. This singular act has impacted negatively on us as a people in the North Central.
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