Saturday, 4 February 2012
INEC Is Right On Tenure Of Governors
Femi Falana
By Femi Falana
The decision of the Independent National Electoral Commission to conduct elections in all the states of the Federation in January 2011 except Anambra, Edo, Ondo and Rivers deserves commendation. The courageous decision is in line with the letter and spirit of the Constitution, which provides for a 4-year term for a state governor.
If the INEC had accepted the position of the ruling party on extended tenure for governors who won rerun elections the electoral body would have encouraged the rigging of elections by candidates who plan to have extended terms on the basis of fraudulent elections.
It would be recalled that in the case of Gov. Ladoja v INEC (2008)40 WRN 1 the Supreme Court rejected the prayer of Governor Ladoja for 11 months’ extension to cover the period he was kept out of office through illegal impeachment. Also in the case of Balonwu v Gov. of Anambra State (2009) 18 NWLR (PT 1172) 13 the Supreme Court made it abundantly clear that the proclamation of the Anambra State House of Assembly by the then Governor Chris Ngige remained valid notwithstanding the subsequent annulment of his election by the Tribunal and the Court of Appeal. The apex court held ex abundanti cautela that:
“It follows therefore that the subsequent proclamation by Governor Peter Obi following the nullification of the election and return of Governor Ngige was clearly superfluous as it cannot be used to determine the four year tenure of office as envisaged in section 105 (1) of the 1999 Constitution”.
In the light of the foregoing those who are canvassing for extended tenure for governors under the current democratic dispensation should not be allowed to turn law and logic upside for selfish motivations.
Femi Falana
Chairman
National Conscience Party.
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