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.