By our reporters

THREE days after the Supreme Court’s landmark judgment that ended the tenures of five Peoples Democratic Party, PDP, governors, the party is set to return to the apex court for an interpretation of the verdict and a consequential order.

The apex court, Friday, sacked governors Liyel Imoke (Cross River), Aliyu Wamakko (Sokoto), Ibrahim Idris (Kogi), Timipre Sylva (Bayelsa) and Murtala Nyako (Adamawa), who won re-run polls and got re-sworn in after their 2007 guber victories were annulled, saying their tenures expired before May 29, 2011.

Since the verdict, a series of issues have arisen concerning the authentic governorship candidates in polls scheduled by the Independent National Electoral Commission, INEC.

One of the issues led to the emergence of two acting governors in Kogi, Capt. Idris Wada (Governor-elect) and Abdullahi Bello (Speaker of the Kogi State House of Assembly). While Bello was sworn-in by Kogi Chief Judge, Wada Idris was sworn-in by a state High Court Judge.

In Bayelsa, Sylva, who is currently in court battling with the PDP hierarchy for the guber ticket, claimed he was now the authentic candidate in view of the judgment because he had won the party’s primaries held in January 2011. The party, last December, held another primary in which Mr. Henry Dickson was handed the ticket in place of Sylva.

In Cross River, there were speculations that Imoke, who has won the PDP ticket was disallowed by the ruling from running. A Calabar-based radical lawyer, Mr. Utum Eteng expressed fears that PDP might have problems if it presents Imoke in election reasoning that even if he wins, it would be a matter of litigation as he had taken oath of office two times.

Looking at the issues, weekend, Cross River State PDP said it had no option than returning to the Supreme Court for a consequential order. This was as Imoke insisted that the Supreme Court judgment did not disqualify him.

Meanwhile, INEC said the ruling would not hamper dates of scheduled elections in the affected states as the national leadership of PDP described the verdict as a setback.

Interpreting judgment
Cross River State chairman of PDP, Ntufam Okon, said the judgment brought confusion as it did not breakdown the import and was also not specific on what would be the take-off point for a governorship candidate, who had served four years in office.

Okon said: “The judgment of the Supreme Court did not give consequential order. We are going back to the court because it is incumbent, especially on the apex court to give consequential order that will further breakdown the import of the judgment. It is at that point that we will know what will be the take-off point for a governorship candidate, who may have served earlier.

“PDP is an interested party. We cannot just walk into the court. We use lawyers. It is unfortunate that this judgment came at this time. But beyond that, it was surprising because the same judicial system had said that tenure begins with the administration of oath of office and that was the basis on which Governor Peter Obi of Anambra State was able to establish when his tenure would end.”

He said in the first instance, the Supreme Court seemed to have acknowledged the oath of office taken in 2007 and that by insisting that the tenure ended on May 28, 2011 meant that it did not recognise the second oath of office that was taken in 2008.

Supreme Court judgment didn’t disqualify me— Imoke
However, Imoke at the weekend said the ruling did not disqualify him from running in the election.
Imoke, who debunked the rumour of his disqualification, while being presented with INEC nomination form as the candidate of PDP in the election at the party’s secretariat, Calabar, said the presentation of the nomination form by the party to him signified the endorsement of his candidature.

He said: “I want to use this medium to state that we still stand as candidates of this great party in the forthcoming election as the Supreme Court ruling has nothing to do with our candidature.”

We stand by our candidates— PDP
Indeed, PDP national leadership, which yesterday described the sack of its five governors as a setback that portended danger for the country’s democracy, said it stood by its candidates —Imoke (Cross River), Dickson (Bayelsa), Nyako (Adamawa) and Wamakko (Sokoto).

According to a statement by PDP National Publicity Secretary, Prof. Rufai Alkali, the party vowed that it would do everything possible to ensure that the affected governors were protected as well as maintain its dominant position in those states.

The party said: “The Acting National Chairman of PDP, Alhaji Abubakar Baraje, on behalf of the National Working Committee wishes to express solidarity with the five governors and wishes to assure them that the leadership of the party shall spare no effort in ensuring that the current situation does not derail our preparations for elections.’’

Kogi youths berate Adoke
Meanwhile, a coalition of youth organisations in Kogi State, yesterday, accused the Attorney-General of the Federation and Minister of Justice, Mohammed Bello (SAN), of fanning the embers of crisis in the state, saying his directive that led to the emergence of two acting governors in the state following the sack of ex-Governor Ibrahim Idris by the Supreme Court on Friday was “spurious and ill-considered.”

The group maintained that the apex court declaration that the tenure of the former governor expired since May 29, 2011, ought not have affected the oath of office that was subsequently administered on the governorship-elect in the state, Captain Idris Wada.

In a statement by Mr. Oluwafemi Emmanuel, Chairman Kogi Youths Leaders Forum; Mr. Adeyemi John, former Senate President, National Association of Kogi State Students; Mr. Mesele Joe, and Mr. Omeiza Abubakar, Chairman Egbira Consultative Assembly, the youths said: “We are constrained by recent developments in our state to address an issue that is capable of throwing the state into a state of anarchy if not properly managed. The judgment of Supreme Court on Friday ordinarily would have passed as a normal ruling of one of our courts.

“But the malicious management of the outcome of that case as well as the absence of any consequential order laid the foundation for a mischievous and malicious interpretation which is highly condemnable.”
Since a governor-elect had emerged before the verdict, they wondered what role the Speaker would be performing as acting governor.

They added: “There must be a distinction between the case in point and an ordinary election petition matter. That the issue in Kogi is clearly not an election petition matter and the governors who are the plaintiffs did not seek removal from office, as is done, for a court or tribunal to order the nullification of one election and fresh election be conducted in 90 days.

“The declaration by the Supreme Court that the tenure of Governor Ibrahim Idris has expired does not in any way nullify the election of Captain Idris Wada. In a state where a tribunal in election matter orders that a Speaker be sworn-in, it is for a Speaker to temporarily hold on for a period of not more than 90 days.

“So in this case, if a Speaker is sworn-in, what is he expected to do and how long does he stay in the office? The likelihood of this situation turning the Speaker to a dictator is very tempting.”

Time table not affected—Jega
Speaking on the concerns relating to election date, INEC said, weekend, that its schedule for elections in the affected stated would not be affected.

In a telephone chat with Vanguard, Mr. Kayode Idowu, Chief Press Secretary to the Chairman of the Commission, Prof. Attahiru Jega, said: “The gubernatorial election for Adamawa State would still hold next week Saturday as earlier scheduled. This would be followed by that of Bayelsa in the next two weeks.”

He further stated that the dates of the governorship elections in the affected states were Adamawa, February 4; Bayelsa, February 11; Sokoto, March 10, and Cross River, April 14. The governorship poll in Kogi was conducted last December.

INEC’s timetable for the collection and submissions of forms by political parties also provides that run-off elections to the affected offices (if any) will be held within seven days after the announcement of the result of the election.

The electoral commission had relied on two provisions of the amended 1999 Constitution to fix the electoral time-table for the affected states. Section 178 (2) of the 1999 Constitution (as amended) stipulates that an election to the office of governor of a state shall be held on a date not earlier than 150 days and not later than 30 days before the expiration of the term of office of the last holder of the office.

Section 180(2) of the same Constitution also stipulates that “the governor of a state shall vacate office at the expiration of four years from the date when he took the oath of allegiance and oath of office.”

Already, the leading political parties in the affected states have conducted their governorship primaries and have presented the names of their flag bearers to INEC.

The Commission had, last Wednesday, released a staggered time table for governorship elections in six states, comprising Sokoto, Bayelsa, Edo, Adamawa, Cross River and Kogi.

The INEC Commissioner in charge of information and publicity, Solomon Soyebi, who briefed newsmen, said the commission would conduct governorship elections in Kogi, Adamawa, Bayelsa, Sokoto, Cross River and Edo states in 2012; Ondo and Ekiti states in 2013, while Anambra and Osun states would have their turn in 2014.