Permit me space in your widely read medium to air my opinion on the Supreme Court’s judgment delivered on Friday, 27/01/2012, and its effect on the political scene. The Supreme Court in its judgment sacked the governors of five states, comprising Adamawa, Bayelsa, Cross River, Kogi and Sokoto States. According to the apex court the tenure of the affected governors had ended on the 28 May, 2011. Therefore, their continuous stay in office beyond that date amounts to illegality. The judgment of the court was a unanimous one adopted by all the seven eminent justices present on the panel.
While this is not an attempt in any way to challenge the judgment of the Supreme Court, one feels worried by the series of interpretation given to the judgment. We have heard people interpreting the judgment as it soothes them and, certain actions have been taken based on those interpretations. One of such interpretation is the one INEC has given to the judgment, opting to recognize the candidates that won primary elections conducted after the Court of Appeal’s decision in April. I think the decision of the Supreme Court is very clear, and being the apex court, its judgment sets aside the judgment of the Court of Appeal. Going by the Principle of judicial precedence which is obtainable in this country, INEC is bound to follow the decision of the Supreme Court.
Let me hasten to state here that I am not a politician, neither am I holding brief for any politician. I am however compelled to write this because of the consequences such an action may have on the polity. The apex Court in its judgment said the office of the Governors have been vacant since May 28, 2011; it therefore means that elections ought to have been conducted to fill those vacancies before that date in compliance with constitutional provision. Political parties had conducted primary elections, where winners emerged and their names were sent to INEC as candidates for the election, before the Court of Appeal’s Judgment. It therefore means that these candidates would have stood for elections but for that judgment. So why is INEC denying them the opportunity of standing for elections now? One had expected INEC to stay action on the matter, since a valid appeal had been filed had been filed at the Supreme Court. But it chose otherwise, such refusal by leading to the current confusion that has engulfed the polity, particularly in Bayelsa and Kogi States. INEC is further exacerbating the confusion by saying it will only recognize candidates who won the primaries conducted after the Court of Appeal’s ruling in April, 2011.
The argument advanced in the situation in Kogi State, is that INEC has concluded elections in that state therefore there is no going back. They further opine that since the Supreme Court’s judgment states that the office of the governor has been vacant, it becomes appropriate and imperative for INEC to swear in Captain Idris Wada, winner of the elections conducted in the state, as Governor. INEC has also aligned itself with the Governor Elect, stating that the Kogi Election was a concluded issue. Is this stance derailing from the decision of the Supreme Court in the case of Amaechi V Omehia, where the Apex court held that it is political parties and not candidates that are voted for during elections? This reasoning of the court, saw Rotimi Amaechi ascend to the seat of Governor despite not standing for elections. I am not aware if the Supreme Court has over ruled itself on that judgment. If it hasn’t, then its position remains binding and must therefore be followed by all.
One is compelled at this point to ask whether going by the decision of the Supreme Court in the afore- stated case, why Jibrin Echocho was not sworn in as Governor, and why is INEC not recognizing Timipre Sylva as the authentic candidate of the PDP, since the apex court declared the seats vacant since May 29, 2011? I think INEC is getting itself unduly involved in the politics of the PDP. If INEC recognized these men in January 2011, why will it not offer them same now? Won’t INEC’s action amount to stepping on a banana pill dropped for it by the PDP?
Even though the Supreme Court did not give consequential orders in its judgment, it does not give INEC or anybody the leverage to interpret the judgment the way it likes. INEC should go back to the Apex Court and seek a clarification of the judgment before it carries out any action based on it. Doing otherwise will merely open the floodgate to endless litigations. It is better for INEC to err on the side of caution, than to promote the confusion already in the polity. God bless Nigeria.
Frank O. ijege, frankijege@yahoo.com
www.frankijege.blogspot.com
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