ShareA full panel of the Supreme Court headed by the Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher, on Tuesday, reserved judgment in the appeal filed by the Independent National Electoral Commission (INEC), challenging the judgment of the Court of Appeal which upheld the decision of a Federal High Court sitting in Abuja, which elongated the tenure of five state governors till 2012.
The apex court had used the appeal brought by the Congress for Progressive Change (CPC) standard-bearer in Adamawa State, Buba Marwa, challenging the judgment of the lower court, which extended the tenure of Governor Murtala Nyako, as a test case for all other five appeals.
Counsel for the appellant, Buba Marwa, Chief Wole Olanipekun SAN, argued that within the ambit of Section 180(2) of the constitution, the spirit and intention is that except the nation is at war, no elected governor shall spend more than eight years in office with a period of four years per term.
He added that the second oath taken by the governor after a fresh election was subsidiary and not relevant, stating that such is of no effect.
He further stated that the judgment of the lower court was based on Oath of Office, adding that oath taken was irrelevant. He, therefore, urged the court to resolve the appeal in favour of the appellant.
Counsel for the first respondent, Governor Nyako, Kanu Agabi SAN, submitted that a governor whose election was annulled was not an elected governor, adding that there was nothing like a second oath.
He added that the constitution only refers to one oath that is taken after a due election has been conducted.
He further argued that prior to the amendment, the time spent in the office by a governor following an invalid election did not count, stating that the time would only start counting after the amendment.
He, therefore, urged the court to dismiss the appeal.
Counsel for the Peoples Democratic Party (PDP), Chief Olusola Oke, stated that it was the Oath of Office that determines the commencement of the tenure of a governor, adding that the action performed by a governor whose election was annulled was irrelevant.
He further submitted that the appeal had become an academic exercise, because INEC had already fixed dates for election in all the five states that benefited from the tenure elongation.
While presenting their different briefs, the three amici curiae invited by the court, Chief Richard Akinjide, G.O.K Ajayi and Professor Itsey Sagay, all Senior Advocates of Nigeria, took different positions.
While Akinjide urged the court to uphold the concurrent judgment of the lower court, Ajayi and Sagay advised the court to reverse the decision and allow the appeal.
All counsel for the five state governors supported the argument canvassed by Akinjide that the judgment of the lower court should be upheld, while counsel for INEC, Chief Adegboga Awomolo and counsel for Marwa, Olanipekun, associated themselves with the submissions of Sagay and Ajayi that the apex court should reverse the decision of the lower court.
The beneficiaries of the elongation are Governors Ibrahim Idris (Kogi); Murtala Nyako (Adamawa); Timipre Sylva (Bayelsa), Aliyu Wamakko (Sokoto) and Liyel Imoke (Cross River).
Justice Adamu Bello of the Federal High Court had, in his consolidated judgment, ruled that the tenure of the governors started in 2008 when they took a fresh Oath of Allegiance and Oath of Office, after their victories in the rerun conducted by INEC.
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Tenure elongation suit: Supreme Court reserves judgment •Akinjide backs lower court’s decision •GOK, Sagay in support of decision reversal