Court merges INEC’s appeals

The Court of Appeal, Abuja, yesterday  consolidated three of the five appeals filed by the Independent National Electoral Commission (INEC), a decision  preventing  the agency from conducting  governorship elections in five states.

Last February 25, justice Adamu Bello of the Federal High Court, Abuja, held that the tenure of Adamawa, Sokoto, Kogi, Bayelsa and Cross River State governors would end in 2012.

The Commission approached the appellate court with five appeals. 

Presiding Justice Paul Galinje, said the appeals filed by INEC so far were against Governors Magatakarda Wamako , Ibrahim Idris and Murtala Nyako of Sokoto, Kogi and Adamawa states.

Justice Galinge said the five appeals were received and listed separately for hearing.

He said the three which were agreed by parties to be consolidated yesterday were the ones against Adamawa, Sokoto and Kogi.

According to him, the ones against Governors Timipre Sylva and Liyel Imoke of Bayelsa and Cross River State would be consolidated  with the three others on Thursday.

In his February 25 judgment, Justice  Bello held that the tenure of the governors legally started in 2008 when they took fresh oath of office and allegiance following the nullification of their April 14, 2007 elections by  some tribunals.

The court held that since the 2007 elections were nullified by competent courts, the oath of office and allegiance subscribed to by the governors were also  nullified and set aside.

Justice Bello held that in line with Section 180 of the 1999 Constitution, the tenure of the governors legally began in 2008 and not in 2007 since the 2007 elections that brought them into office in the first instance was declared a nullity.

According to Bello, the 2007 elections being used by INEC to determine the tenure of the governors did not exist in the eyes of the law having been legally declared null and void by competent courts of law as nothing can stand on nothing.

He said Section 180 of the 1999 Constitution was amended in 2010 by the National Assembly and signed into law by the President.

The Judge added that the amendment had no effect on the five governors since their re-run elections were conducted in 2008.

Bello said that there was nowhere in the world where a constitution took retroactive effect as erroneously canvassed by INEC