…decides whether 2011 guber election ‘ll hold in C-River State

By Ise-Oluwa Ige

ABUJA—A Federal High Court sitting in Abuja will, today, lay to rest the controversy surrounding the calculation of the tenure of office of the incumbent governor of Cross River State, Liyel Imoke.

The trial high court is expected to pronounce when exactly the tenure of office of Governor Imoke expires, having taken oath of office twice for the same position.

The decision will also rest a separate political controversy on whether or not the much awaited 2011 gubernatorial general election will hold in the state or not.

Although state governors are entitled to a four year tenure of office, Imoke’s tenure became a subject of litigation in view of the divergent interpretations given to section 285 of the 1999 constitution, which compelled calculation of tenure from the date the oath of office was taken.

The Independent National Electoral Commission, INEC, had declared Imoke as governor, having allegedly won the April 14, 2007, gubernatorial poll held in the state.

But his election was later nullified by the Court of Appeal while a re-run poll was ordered.

Imoke, who participated at the re-run, also emerged the winner and took a fresh oath of office on July 14, 2008.

The governor, cashing in on the wording of the provisions of section 285 of the 1999 constitution, argued that his four-year tenure would not count from May 29, 2007, when he took his first oath of office, his election having been nullified.

He had argued that when an action was nullified, the implication was that such act never took place.

He is, therefore, contending that his tenure would begin to count from July 14, 2008, when he took his second oath of office.

But an aggrieved Abuja-based lawyer, Mr Max Ogar, had sued the duo of Imoke and INEC, alongside Attorney General of the Federation, AGF, over the correct interpretation of law on his tenure.