The Supreme Court has justified its decision to sack five governors who were granted extension of their tenures by the Court of Appeal.
The Supreme Court said that Section 180 of the 1999 Constitution did not make provision for the elongation of the tenure of the governors.
Those affected are the Kogi State Governor, Alhaji Ibrahim Idris; the Adamawa State Governor, Alhaji Murtala Nyako; the Bayelsa State Governor, Timipre Sylva; the Sokoto State Governor, Alhaji Aliyu Wamakko; and the Cross Rivers State Governor, Senator Liyel Imoke.
The panel of judges, chaired by Justice Walter Onnoghen also had Justices John Fabiyi, Chukwuma Ene, Sylvester Nwuta, Muktar Coomassie and Mary Odili, held that Section 180 of the Constitution did not envisage any form of elongation of the tenures of the occupants of the office of the governor of a state as well as that of the president.
The Justices ruled that the governors have overstayed the four years stipulated by the 1999 Constitution, having been elected in 2007 and that the Independent National Electoral Commission was wrong in giving teeth to the move of the governors.
Onnoghen stated: “The earlier oath taken by the governors cannot be used as a reference point when determining when the tenure of the governors will end.
“This is because the election upon which they took the oath was not held in accordance with the law.
“INEC was wrong in trying to give effect to the 2007 annulled elections in the five states.
“There is no ambiguity in Section 180 of the 1999 Constitution as amended as it states clearly that the tenure of a governor shall be four years starting from the day he takes Oath of Office and Oath of Allegiance.
“Once an act is declared null and void by a competent court of law, such an act has never existed in the eyes of the law.
“INEC was wrong in trying to give effect to the annulled 2007 elections in the five states.
“Something cannot be built on nothing; it will collapse.
“The Supreme Court does not need to shout itself hoarse before we understand the meaning of Section 180 of the Constitution as amended.
“The amendment done to the constitution took effect from July 16, 2010 whereas the re-run elections and Oath of Office and Oath of Allegiance thereof were conducted in 2008.
“And in the said amendment, there is nowhere in the constitution that it was stated that it will take a retroactive effect. And as such, amendment done to the constitution by the National Assembly will take effect from July 16, 2010.
“In conclusion, the appeal brought by INEC lacks merit and is accordingly dismissed.”
The position of the Supreme Court justices was the same taken by two of the friends of the court – Prof. Itse Sagay and G.O.K. Ajayi – consulted by the Supreme Court.
Only Second Republic Attorney General of the Federation and Minister of Justice – the third friend of the court – Chief Richard Akinjide, disagreed.
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