Peter Obi

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The regime of Governor Andy Uba of Anambra State came to an abrupt end on Thursday when the Supreme Court ordered him to immediately vacate office and hand over the reins of power to his predecessor, Governor Peter Obi to complete his four year term.

Obi’s erstwhile counterpart in Oyo State , Senator Rasheed Adewolu Ladoja, was, however , not lucky in his quest to elongate his tenure by 11 months as the apex court dismissed his appeal.

By this verdict, Dr. Uba made history as probably the shortest serving governor, having spent 16 days in office after he was sworn-in May 29, this year.

Terminating his regime, Justice Iorgyer Katsina Alu who delivered the lead judgment held that section 180 (2) (a) upon which Obi anchored his case provides that he shall vacate office at the expiration of a period of four years commencing from when he took the oath of office and allegiance.

Justice Katsina Alu agreed with the arguments canvassed by the appellant (Obi) that his four year tenure would expire on March 27, 2010 having be sworn-in as governor on March 27, 2006.

Section 180 (2) (a) in question reads, "subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the expiration of a period of four years commencing from the date when-
(a) In the case of a person first elected as Governor under this constitution, he took the oath of Allegiance and oath of office."

The apex court held that the court below was wrong in holding that Obi’s case was an election matter to be adjudicated upon by the election tribunal.
Thereafter, the court invoked its powers under section 22 of the Acts to pronounce on the merit of the case.

It berated the Independent National Electoral Commission (INEC) for going ahead with the conduct of election into the office of the Governor of the state when the case was still pending before a court of law.
Justice Katsina Alu said the Supreme Court or any other court has a duty to protect the constitution as doing otherwise would spell doom for the country and the nation’s democracy.
He accordingly made the following orders;

o That the office of Governor of Anambra State was not vacant as at May 29, 2007.
o That the 5th respondent (Andy Uba) should vacate office as Governor of Anambra State with immediate effect to enable Peter Obi to exhaust his term of office."

Other justices on the seven-man panel agreed with the lead judgment and the consequential orders.
In his Judgment, Justice George Oguntade held that the two courts below pertinently failed in error to have declined jurisdiction to hear the case, leading them into an erroneous conclusion that the matter falls under the jurisdiction of the election tribunal.

He noted that as at the time the matter went to court for adjudication, the office of the Governor was not vacant.
According to him, "the four year term of Obi commenced on March 17, 2006 when he took the oath of office and therefore, his term shall end on May 29, 2010, doing otherwise would amount to aversion to constitution.

His words, "I know this action will cause pain in the heart of those who spent fortunes in the quest to fill an office which was not vacant, but the constitution must be protected."
In the case of Ladoja who is seeking for 11 months tenure elongation to cover the period of his purported impeachment which was nullified by the Supreme Court, the court dismissed his appeal on the ground that it lacked the constitutional powers to elongate his tenure.

The court, however, reserved its reasons for the two judgments till July 13 this year.
Both Governoir Obi and Ladoja had approached the Supreme Court after losing their bid at the trial courts and the Court of Appeal respectively.

While Ladoja was seeking to spend 11 extra months, to make up for the duration that he was booted out of office through an illegal impeachment by a faction of the Oyo state House of Assembly, Obi in his own suit was claiming that his four year tenure began on March 17, 2006, when he was sworn-in, following the judicial removal of Dr. Chris Ngige as governor, after he had spent about three years in office.

The Court of Appeal, Abuja Division had referred Ladoja’s appeal to the state election petition tribunal, saying that it had no jurisdiction to entertain his appeal, which he brought against the judgment of a Federal High Court, Abuja .
Justice Roselyn Ukeje of the trial court had dismissed Ladoja’s suit, holding that his tenure expired May 29, 2007.

It was the Enugu Division of the Appeal Court that threw Obi’s appeal out, claiming that it had no jurisdiction to entertain it, because it was an election matter.
Wild jubilation from the Obi’s camp greeted the decision of the court, describing it as a victory for democracy and the rule of law.
Dignitaries who witnessed Thursday’s proceedings included the deputy Governor to Peter Obi, Virgy Dame Etiaba.

She described the judgment as an act of God.
Meanwhile, President Umaru Yar’Adua has directed the Solicitor-General of the Federation, Prof. Ignatius Ayua and the acting Inspector-General of Police, Mr. Mike Okiro, to facilitate the implementation of the Supreme Court’s judgment that Uba should vacate office.

A statement by presidential spokesman, Mr Segun Adeniyi said the president would leave no stone unturned in his administration’s resolve to uphold the rule of law in its determination to reposition Nigeria for peace and prosperity.