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.
The Tide source reports that Prof. Akinoso was elected alongside 38 other executive members of the party at the congress held on Saturday.
Other executive members are Dr Abiola Olaonipekun, who emerged as Secretary, Alhaja Latifah Latifu, Women Leader and Mr A. Adeleke, elected as Youth Leader.
It was learnt that the congress, which took place at the Obafemi Awolowo Stadium, Oke Ado in Ibadan, was attended by representatives of the Independent National Electoral Commission (INEC), the Police, other security agencies and prominent members of the party.
The election was supervised by electoral committee members, among whom were Prince Diran Odeyemi, who served as Chairman, Hon. Awoniyi Tolulope, Mr Babatunde Gbadamosi, Queen Stepheine Oyechere, Alhaji Yusuf Abidakun, Mr Olumide Aguda and Dr Phillips Adeniyi, who served as Secretary.
Prof. Akinoso, in his inaugural address, urged members of the party to set aside intra-party differences.
He advised them to concentrate their resources on the promotion of the party, saying, “The primary responsibilities of party executive members are to coordinate party activities, ensure harmony among members, and ensure party victory during general elections.
“Our immediate assignments are to key into INEC released 2027 general election time-tables. As directed by the National Caretaker Committee of PDP, our party e-membership registration starts next week. We must be fully involved and do a membership drive.
“A political party is only relevant and benefits its members if it wins the election. This is our goal. We should set aside intra-party differences; concentrate our resources towards the promotion of the party. We will make necessary consultations and dialogue to actualise this”.
President Tinubu disclosed this during an interfaith breaking of fast with senior journalists and media executives at the Presidential Villa in Abuja on Saturday.
He also disclosed that his administration had opened up on the principles of true federalism to the extent that local governments now get direct allocation from the Federal Government.
“There’s no morning that I ever leave my house without going through the newspapers. It’s an addiction. I read all of you.
“It might not be in full detail, but headline, the one that would hit me and the ones that won’t.
“At the beginning of this administration, I was just a little bit stubborn, looking at opportunities to correct things and make life more easier for the downtrodden.
“We’ve opened up the principle of federalism to the extent that local governments are now getting their money, but how they use it is in your hands. So, don’t bombard me alone,” President Tinubu said.
The ruling party said the ADC had turned criticism of the APC-led administration into its operating manifesto instead of presenting concrete solutions to Nigeria’s economic challenges.
In a statement issued on Saturday by the APC National Publicity Secretary, Mr Felix Morka, the party dismissed the ADC’s interpretation of a report presented at a policy dialogue organised by Agora Policy which suggested that the country’s poverty rate had risen from 49 per cent to 63 per cent.
Mr Morka said the opposition party’s reaction to the report as a “damning verdict” on the government’s economic policies reflected either ignorance of economic realities or deliberate political mischief.
“The African Democratic Congress’ attempt to spin a recent report presented at the Agora Policy dialogue indicating a rise of poverty rate of 63 per cent from 49 per cent as a damning verdict on this administration’s economic policies speaks either to its shocking ignorance of economic policy or its wilful blindness to the justification for, and transformative impacts of, ongoing economic reforms,” he said.
The APC spokesman noted that the report itself recognised the necessity of reforms aimed at correcting long-standing structural distortions in the economy.
According to him, the ADC had failed to present any credible alternative policy direction for Nigerians.
“Clearly, the ADC does not recognise itself as a political party. The ADC has not articulated a single alternative policy position or prescription of benefit to Nigerians. Condemning the APC and its policies has become its operating manifesto,” Mr Morka said.
He explained that major economic decisions taken by President Bola Tinubu, including the removal of fuel subsidy and the unification of multiple foreign exchange windows, were necessary steps to rescue the country’s economy from collapse.
Mr Morka said the subsidy regime had for years placed a heavy burden on public finances, consuming trillions of naira annually while encouraging corruption, fuel smuggling and inefficiencies in the system.
He added that the reforms had helped redirect national resources to key sectors such as infrastructure, healthcare, education and social development.
The APC spokesman acknowledged that economic reforms often come with short-term hardship but stressed that the measures were essential to build a stronger and more resilient economy.
“Economic reform is never cost-free anywhere in the world. The transient hardship experienced by Nigerians was an inevitable cost of reforms meant to build and guarantee a better future for all Nigerians,” he said.
Mr Morka maintained that the country’s economic outlook was already improving, citing recent growth figures and stronger external reserves.
“Our economy has rebounded and is expanding steadily. The country’s Gross Domestic Product grew by 4.4 per cent last year and is projected to expand by 5.5 per cent this fiscal year, with foreign reserves now exceeding $50 billion,” he stated.
He also pointed to government initiatives designed to cushion the effects of economic adjustments on citizens, including cash transfer programmes, student loan schemes and the rollout of compressed natural gas (CNG) initiatives to reduce transportation costs.
Mr Morka reaffirmed that the APC-led administration would remain focused on rebuilding the economy and expanding social investments to support vulnerable Nigerians.
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