Tenure: INEC raises legal team for appeal

The Independent National Electoral Commission(INEC) has raised a legal team to pursue its appeal against the judgment of a Federal High Court which extended the tenure of five governors.

The Nation also learnt that the commission may suspend governorship poll in the affected states if the Court of Appeal or the Supreme Court could not determine the appeal before April general elections.

A Federal High Court in Abuja had stopped INEC from conducting governorship poll in five states.

The states are Bayelsa, Cross River , Kogi, Sokoto and Adamawa.

The trial judge, Justice Adamu Bello had ruled that the tenure of Governors Timipre Sylva (Bayelsa); Liyel Imoke ( Cross River ); Ibrahim Idris (Kogi); Aliyu Wamakko (Sokoto) and Murtala Nyako (Adamawa) would end in 2012 instead of 2011 as previously assumed by INEC.

But INEC has rejected the verdict of the court and might head for the Court of Appeal this week.

Investigation by The Nation showed that a new legal team of Senior Advocates may lead INEC’s tenure battle against the five governors. A top source in the commission, said: “Our management has decided to file an appeal against the judgment from this week.

“We have a legal consortium on standby to argue our application at the Court of Appeal. Our consortium is made up of Chief Adegboyega Awomolo (SAN); Mallam A.B. Mahmud (SAN) and Onyechi Ikpeazu (SAN).

“Any member of the consortium can lead INEC’s team. We just believe that we have a good case.

“Contrary to insinuations in some quarters, INEC will not be assuming a partisan status by going on appeal because the issue at stake is about interpretation of the 1999 Constitution as amended.

“The implication of the judgment of the Federal High Court is that the affected governors will be spending five years in office in violation of the four-year mandate they sought from the electorate.

“If these five governors have their way, some elected governors may indulge in election petition to extend their tenure by a year or two.

“Some lawmakers in the states and National Assembly who won re-run poll are also plotting to make a case for the extension of their tenure. You can imagine the spiral effect of the judgment.

“So, we want the court to interpret Section 180(2) of the 1999 Constitution as amended. Once the judiciary makes a final pronouncement, it becomes binding on all institutions, including INEC.

“We think that we will be enriching our statute by pursuing this case to its logical conclusion.”

Asked what will happen if the appeal drags beyond April, the source added: “Certainly, the status quo will remain and we will suspend only governorship poll in the affected states.”

As at press time, the five ‘lucky’ governors have also rejuvenated their legal team too. A top aide of one of the governors said: “The onus lies with INEC to come up with evidence why our principals should not leave office in 2012.”