News

October 17, 2011

INEC vs 5 govs: Reactions as S/Court’s defer hearing

By Emma Aziken, Political Editor, &Johnbosco Agbakwuru
Mixed reactions are trailing the decision of the Supreme Court to defer consideration in the appeal filed by the Independent National Electoral Commission, INEC, seeking to upturn the decisions by the lower courts that inevitably extended the tenure of office of five governors.

The decision by the apex court, Vanguard learnt, was particularly welcomed by supporters of Governor Timipre Sylva of Bayelsa State who have alleged a conspiracy to undermine his second term aspira-tion. The decision of the Supreme Court to defer hearing in the case till November 21 has now strengthened the hands of Governor Sylva who would remain in office till Peoples Democratic Party, PDP, gubernatorial prima-ry scheduled for Novem-ber 19.

The court had, last Thursday, deferred hea-ring in the appeal filed by INEC following an appeal filed by Governor Sylva over the invitation to the Attorney-General and Minister of Justice, Mr. Mohammed Adoke by the apex court to appear as an amicus curie, or a ‘friend of the court.’

The five governors affected were those whose 2007 elections were annulled and then won the re-run elections. They consequently won reprieve at the Federal High Court and the Court of Appeal that their terms of office commenced from when they took a fresh oath of office. INEC is now appealing the ruling at the Supreme Court.

The other incumbent governors that could be affected by the decision of the court are Governors Liyel Imoke of Cross River, Murtala Nyako of Adamawa and Aliyu Wamakko of Sokoto.

A victory for INEC in the case would mean that the five would immediately vacate office and face the prospect of contesting in election as ordinary citizens without the advantage of incumbency. The fifth incumbent, Governor Ibrahim Idris of Kogi State, is in his second term and is not eligible for re-election.

The implication of the deferment of the Supreme Court hearing is that, at least, two of the four governors who are seeking re-election would contest the PDP primaries as incumbents and would have the advantage of incumbency during the primaries.

‘Nyako can’t lose’

Supporters of Governor Nyako, whose primaries election is due on October 24, claimed at the weekend that the judg-ment was immaterial. Dr. Mayo Jinga, Senior Special Assistant to Nyako on Values Orien-tation, told Vanguard that the judgment was of little significance to the governor’s chances as he affirmed that there is no opposition to the governor within PDP.

“Even if the primary is done 20 times, the governor will win,” Jinga told Vanguard yesterday.

There was, however, more joy in the camp of Governor Sylva over the deferment of the hearing. Sylva is faced with a strong challenge from within PDP following the decision of Rep. Henry Dickson, a close associate of President Goodluck Jonathan.

Law can’t be retroactive— Bayelsa

The Bayelsa PDP gubernatorial primary is not due until November 19, two days before the Supreme Court hearing. Meaning Governor Sylva would contest the primary as an incumbent and with the advantage of incumbency.

The Cross River State Commissioner for Information, Mr. Patrick Ugbe, was also hopeful. He said the state expects justice in the case as according to him, was given by the Court of Appeal.

Ugbe said: “A law cannot take retroactive effect. It can only take effect when it is signed into law.”

Chairman of the Cross River State chapter of PDP, Mr. Ntufam Okon, was equally hopeful, saying whatever the outcome, it would not affect the peace of the state.

 

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