By  Taye OBATERU, Uche AKUMBU  & Adetola ADENIYI
Jos —  The Federal High court sitting in Jos has declared that the tenure of Governor Olusegun Oni of Ekiti State would terminate by next year, saying last year’s re-run election in parts of the state did not constitute a fresh mandate.

Delivering judgement yesterday in a case filed by a member of the Ekiti State House of Assembly, Mr. Sunday Adunmo and four others who claim to be interested in contesting the next governorship election in the state, Justice Ambrose Allagoa said the swearing-in of May 6, last year could not be interpreted to be the commencement of a fresh tenure.

He agreed with the argument of the plaintiffs’ counsel Chief Ademuyiwa Adeniyi that by virtue of  the re-run election held in 63 of the 177 electoral wards in the state the mandate given in the re-run election of May 5, last year was a continuation of the one given by the larger percentage of the electorate in the April 14, 2007 governorship election.

“I therefore agree with the submission of Chief Adeniyi, counsel for the plaintiffs that it is not only incongruous but out of tune, abnormal and inconceivable to argue that it was an inconclusive, supplementary or rerun decision ordered by the Court of Appeal in 63 out of 177 wards in the gubernatorial election in Ekiti State that would confer another lease of four years tenure on Governor Segun Oni. Definitely that could not be the intention of the drafters of 1999 constitution as it would be contrary to what they meant the law to be.”

Judgement in the case which was initially filed in Ado Ekiti Division of the court was delivered in Jos following the transfer of Justice Allagoa from Ekiti to Plateau State.

The plaintiffs who also included Biola Olasehinde, Olukayode Oluyemo, Francis Ibirinde and Felix Adebisi had prayed the court for the following:

An order of declaration that by the combined effect of Sections 180(2)(a) of the Constitution of the Federal Republic of Nigeria, 1999, the 2nd defendant’s tenure as the Governor of Ekiti State commence on the 29th day of May, 2007 and expires after a period of four (4) years thereafter as contained in the said constitutional provision.

An order of declaration that the tenure of office of the 2nd defendant as the Governor of ekiti State of Nigeria terminates and or expires midnight 28th May, 2011, which is a period of four years commencing from 29th May, 2007 when he took first Oath of Allegiance and office; notwithstanding 2nd swearing in and Oath taking exercise performed by him on 6th May, 2009 consequent upon his declaration as winner and return by the 3rd defendant (INEC) of the re-run or supplementary election.

An order of declaration that the 3rd defendant shall organize and conduct a gubernatorial election in Ekiti State in year 2011 at the end of the four years tenure of the 2nd defendant.

Justice Allagoa granted the prayers noting that the constitution could not have contemplated otherwise.

Reacting to the judgement, counsel to the plaintiffs said it would add value to the country’s jurisprudence.

He said that the judgement was also a test case for other governors whose tenure had become elongated by virtue of the annulment of their elections and subsequent re-run which they won.