Jun 14th, 2007
Supreme Court Fires Uba, Former Obasanjo’s Assistant and Anambra State’s Newly Elected Governor
Peter Obi is Anambra gov – Supreme Court rules – Nullifies Andy Uba’s election – Yar’Adua orders Uba to quit office immediately
THE Supreme Court on Thursday returned Peter Obi as the authentic governor of Anambra State, voiding the swearing-in of Chief Andy Uba as the governor of the state. The Supreme Court, in a unanimous judgment, faulted the conduct of election into the office of governor of Anambra State on April 14, while the tenure of Mr. Obi was yet to expire and, therefore, ordered that Obi should return to his seat immediately. President Umaru Musa Yar’Adua, in reaction to the judgment, ordered Chief Uba to vacate the office with immediate effect.
Terminating Chief Uba’s administration, thereby making him the shortest serving governor having spent only 16 days in office after he was sworn in on May 29, 2007, Justice Aloysius 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.
Obi was sworn in as the governor of Anambra State on March 27, 2006 after Dr. Chris Ngige was removed from office as the governor of the state. The Court of Appeal in Awka voided the election of Ngige and declared Obi the winner of the April 19, 2003 election contrary to the claim of the Independent National Electoral Commission.
A day before Uba was sworn-in as the governor, the apex court warned that if anybody is sworn in as governor and they later found out that Obi’s tenure had not been expended, the person sworn in shall quit office.
Justice George Oguntade, who made the declaration on May 28, 2007, said, “The swearing-in of anybody tomorrow does not extinguish the res of this matter. If anybody is sworn in and we found out that the incumbent’s tenure of office has not been expended, the person sworn-in has to quit office, and the election (governorship) in the state would be voided”.
Justice Katsina-Alu agreed with the arguments canvassed by Obi that his four-year tenure would expire on March 27, 2010 having been 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. Justice Katsina-Alu said the Supreme Court or any other court had 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;
Other justices on the seven-man panel agreed with the lead judgment and the consequential orders.
In his judgment, Justice Oguntade held that the two lower courts were in error to have declined jurisdiction to hear the case, leading them into an erroneous conclusion that the matter fell under the jurisdiction of the election tribunal.
He noted that as of 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 27, 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.”
Before the court delved into the substantive issue in the case yesterday, Justice Katsina-Alu invoked Section 22 of the Act that established the Supreme Court and assumed jurisdiction in the case.
INEC had earlier filed an objection to the appeal filed by Obi. In the objection, Counsel for INEC, Chief Anthony Idigbe (SAN), urged the court to strike out the appeal on the grounds that it was an election petition matter.
He urged the court to refer the case to the governorship and election petition tribunal because the election of the incumbent was being challenged.
The court of Appeal in Awka had earlier struck out the suit on the grounds that the case was an election petition matter. Following the Supreme Court judgment, President Umar Yar’Adua, in a statement issued in Abuja, made available to the Nigerian Tribune, said that the rule of law must be obeyed and, therefore, ordered Chief Uba to vacate the governorship seat as instructed by the Supreme Court.
He directed the Solicitor-General of the Federation and the acting Inspector General of Police to make sure that the Supreme Court rulings were effected as soon as both of them were served copies of the court judgment.
The president assured Nigerians that he remained committed to the rule of law as he had earlier promised in his inaugural speech, promising to carry out all instructions contained in court judgments delivered by any court of competent jurisdiction.
Meanwhile, the leadership of the Peoples Democratic Party (PDP) on Thursday declared that it would abide by the Supreme Court ruling. Speaking with the Nigerian Tribune on the judgment, the National Publicity Secretary of the party, Mr. John Odey, said the party would soon issue an official statement on the matter.
He stated that the ruling had further vindicated the PDP’s position on the need for the amendment of the 1999 Constitution and for electoral reforms which would synchronise the tenure of elected public officers in the country.
Odey appealed to party members in Anambra State to remain calm and avoid any act that would disrupt the peace. Also, members of the House of Representatives have commended the Supreme Court.
However, Honourable Farouk Lawan said the judgment left a lot of issues to be clarified by the Supreme Court. Action Congress’ vice presidential running mate in the April polls, Senator Ben Obi, has joined other Nigerians in commending the Supreme Court ruling reinstating Governor Peter Obi.
Obi said that the judgment was “well deserved for the people of Anambra.” He said no election was conducted in the state, “only for us to hear that somebody won and was sworn in.”
Also, Obi’s deputy , Virginia Etiaba, on Thursday said that the Supreme Court judgment extending their tenure till March 17, 2010 was a victory for democracy.
Speaking shortly after the judgment was delivered, Etiaba said that the court had once again showed that the judiciary was the hope of the oppressed.
Etiaba who could not hide her joy, took some dancing steps, singing “it is the Lord’s doing” at the premises of the court. Meanwhile, Chief Andy Uba on Thursday left an interactive session between him and traditional rulers in a hurry when he received the news of Obi’s victory and rushed to Abuja.
6 Responses to “Supreme Court Fires Uba, Former Obasanjo’s Assistant and Anambra State’s Newly Elected Governor”
Thank you Lord for showing us a positive sign that there is hope for truth and democracy in Nigeria. The judiciary as stated above is the hope of the oppressed, and so shall it be in Ondo state when we shall all collectively dance Iroko and also sing that “it is the Lords doing and it is marvelous in our eyes”. I maintain as always that our God works in mysterious ways and has a reason for doing things his won way. What is hidden to the human eyes is so exposed to God and this is why the battle for truth and justice in Ondo state is the Lords battle, and who dare contend with God? No one, while they will keep on stumbling and fallen, we will keep on rising and stand upright in Jesus name. Mimiko, our Lord God will never leave you desolate in Jesus name. Trust and obey and dont permit any evil doer or dubious people to visit you. Take a cue from Yaradua here. Remain focussed Gomina wa owon in Ondo State.
WHY ALLOW THE VIOLATION OF TRIBUNAL’S AND COURT’S ?
WHAT HAPPENED IN ONDO STATE WHEN THE LP WENT TO INEC’S OFFICE IN AKURE TO INSPECT THE DAMAGE DONE TO DEMOCRACY BY INEC, THE POLICE, AGAGU AND OBASANJO WAS TRAVESTY AND INFLICTION OF INSULT UPON OUR INJURY.
ALL THOSE THAT PARTICIPATE IN HINDERING THE EXERCISE AND CONSEQUENTLY PROLONGING THE PETTITION SHOULD BE ARRESTED AND TRIED FOR OBSTRUCTION OF JUSTICE AND DISTURBING THE PEACE. THIS WILL SEND A MESSAGE TO ALL OTHERS THAT VIOLATING THESE SACRED ORDERS WILL BEAR CONSEQUECIES.
INTERESTING – PLEASE READ ON:
Who Lost: Andy Uba or OO?
Sam Nda-Isaiah
We know who won. If you are one of those who think Peter Obi, the reinstated governor of Anambra State, was the ultimate winner in the Anambra governorship tussle, you are only half-correct. The real winners are Nigerians who have had to wallow under a regime of near anarchy and lawlessness in the last eight years. That is why almost everyone rejoiced in the country last Thursday. The celebration was not confined to Obi’s household alone. Nor even Anambra State. People made merry from Lagos to Sokoto and from Uyo to Maiduguri. It was the first real confirmation that Obasanjo was no longer in power.
This would not have been possible a month ago. It was totally and completely impossible for this victory to have occured before May 29. The judges would have been bribed, intimidated or blackmailed to fall into line. Only one governorship election petition case was lost by the PDP after the 2003 fake elections and it was no accident that that state was Anambra where its PDP governor, Chris Ngige, had been declared Enemy No. 1 by the Obasanjo/Uba confraternity.
Obasanjo/Uba turned Nigeria into their plaything. Chris Uba, who used to be their field man, once kidnapped a sitting governor. Before then, such an act was inconceivable. Somehow, Chris Uba managed to get a deputy inspector general of police, Raphael Ige, now deceased, to carry out his orders. Under a normal administration, that would have been interpreted as a coup d’ etat and Uba would have been booked on that by the same police. But throughout the Obasanjo administration, the police – either under Tafa Balogun or Sunday Ehindero – gave cover to the Uba brotherhood to perpetrate whatever they wished. There was a time they got their boys to bomb the Anambra State Government House and commit acts of arson in full view of policemen and not a single criminal was arrested. The judiciary also kowtowed. It was the dark brotherhood that got the courts under Justice Wilson Egbo-Egbo in 2003 to declare Adolphus Wabara the winner of a senatorial election in which he was not even a candidate. And lo! Wabara proceeded to become the senate president. That was how low Obasanjo took Nigeria.
The ancien regime nearly turned Nigeria into a banana republic. In Oyo State, a septuagenarian rascal called Lamidi Adedibu held sway and no policeman could call him to order. He did whatever he liked, and was above the law. Obasanjo was happy with that and apparently approved of all his actions. Pa Adedibu wanted the then state governor, Rasheed Ladoja, to share the state’s allocation with him. The governor pleaded with him to be more considerate and accept a lesser sum on a monthly basis. They bargained at N15 million every month. Adedibu said he was being quite generous and considerate by agreeing to go that low, but the “governor was too greedy and gave him only N10 million every month instead”. And here we are referring to the state coffers. Obasanjo didn’t see anything wrong with Adedibu. He gave him police cover and supported the open looting of the state’s coffers and several other unimaginable acts of banditry of the old nuisance who became pejoratively known as the garrison commander of Ibadan politics.
Andy Uba’s loss last week was the real first shocker to Obasanjo that Nigeria is no longer under his vice-like grip. More will follow. As I said earlier, if this were last month, the Obasanjo/Uba confraternity would have first attempted bribery laced with intimidation and subtle blackmail. If that failed and the judges went ahead to do the right thing as they have done, Bayo Ojo, Obasanjo’s attorney general and minister of justice, would have given his own usual funny interpretation of the judgement and Sunday Ehindero, the then IG, would have pretended that he didn’t hear the judgement. The police under Ehindero would have continued to accord Andy the status of governor of the state, and Peter Obi would have in fact been prevented from entering the state “for security reasons” as the police did to Lanre Tejuoso, Iyabo Obasanjo’s opponent in the just concluded senatorial election.
How many people still remember that Lanre Tejuoso was prevented by Ehindero’s police from entering Abeokuta to vote for himself on the day of his own election? Alternatively, Obasanjo would have declared a state of emergency on the grounds that there were two substantive governors in the state – one declared by the courts, Peter Obi, and the other “overwhelmingly voted” in by the people, Andy Uba. Or the former president would simply not obey the courts as he did in the case of Senator Ifeanyi Ararume vs PDP regarding the Imo State PDP ticket. Obasanjo told his people that he would not restore Ararume’s ticket because he (Ararume) used to be an armed robber. Even if that were true, it was not within his brief to determine that, and besides, could Ararume be a bigger armed robber than the guy who gave away our Steel Mills, ALSCON and the refineries in Kaduna and Port Harcourt? If it were last month, Andy Uba and his men would not have run out of Awka like armed robbers last Thursday, the day the Supreme Court judgement was delivered. He would instead have ordered the IG to beef up his own police protection. That was the nature of the gangster government Obasanjo led for eight years.
My friends who know Andy say he is a jolly good fellow on a one-to-one basis. That appears to be a non sequitur. And even then, there is something apparently abnormal about him. Every normal person who was close to Obasanjo has fallen apart with him including even benefactors like General T.Y. Danjuma, General Abdulsalami Abubakar and Chief Sunday Awoniyi. So anyone who has remained this close to Obasanjo this long must really be abnormal.
The former president has a split personality, both evil, so if anyone can be close and loyal to him for as long as Andy has been, then there must be something uncanny about that person. Obasanjo wanted immunity for Andy at all costs and by every means. He initially wanted Andy to be vice president, but he eventually settled for the Anambra State Government House. People only speculated as to why the former president would desperately need immunity for Andy after he (Obasanjo) left office. That was until Andy submitted his Assets Declaration Form a few days ago in which, it was alleged the two-week Anambra State governor claimed he has assets in excess of N1 trillion, the highest ever declared in Nigeria. Now tongues are wagging. Could this belong to Andy alone? If so, how much tax has he been paying? Or did he also get tax waivers from Baba like Dangote? What was his net worth before May 29, 1999? The answers are for the Yar’Adua government to determine if it wants to be taken seriously.
I learnt Obasanjo now frantically wants Andy to be appointed a minister. Even that might be hanging in the balance now as Yar’Adua should know that succumbing to that pressure would only compound the credibility problem his government is already bogged down with. But whatever happens, that immunity Obasanjo craves for Andy (for the protection of their common interests) is gone. Obasanjo is the main loser in all these. He is beginning to know how life feels outside power. It is extremely cold out there!
E A R S H O T
Still Waiting To Hear From The President
People are still waiting to hear the president’s views on the last-minute preposterous and immoral disposal of our national assets to associates of the former president. We are glad to note that the days of cronyism and squandermania are gone, as enunciated by Mallam Tanimu Yakubu, one of the president’s close confidants, but does that mean that the sale of the refineries in Kaduna and Port Harcourt, our Steel Mills and all the others are now a fait accompli?
WHO IS FOOLING WHO? Please read on:
N21m scam: I’m innocent – Ehindero
By Femi Makinde and Tobi Soniyi
Published: Monday, 18 Jun 2007
The immediate past Inspector-General of Police, Mr. Sunday Ehindero, on Friday said that he was not involved in the N21m scam, uncovered in the Police.
Ehindero made the denial on Friday at a reception in his honour by his kinsmen at Oyin-Akoko in Ondo State.
The former IG spoke against the backdrop of a foiled attempt to smuggle N21m out of the Force Headquarters in Abuja.
The fraud, which was detected a fortnight ago, led to the suspension of the Commissioner of Police for Budget, Mr. John Obaniyi, and two others.
The suspects were alleged to be agents of Ehindero.
Disturbed by the fraud, President Umaru Yar’Adua has ordered investigations into the scam.
But Ehindero said he would soon be vindicated.
He said, “I want to say categorically that the truth will surely prevail because those behind the allegation are out to blackmail and discredit me in the eyes of the public.
“We know them and where they come from. We know what they intend to do and what to achieve with their evil thought. We know that the Almighty God will not allow them to go scot-free.
“What are the things I am now looking for after over 30 years in service? Those behind it (the allegation) are evil geniuses and mischief makers.”
He debunked reports that his international passport had been seized.
He added, “I read it on the pages of newspapers that I have been arrested and that my passport has been confiscated. They are all lying.
“My passport is still with me and I have never been arrested. At least you can see me here today talking to you.”
He said that he fought hard to reduce the level of corruption in the police while in service.
But he expressed surprise that some people could still accuse him of corruption despite his efforts to check the bad eggs in the Police.
Ehindero said, “Police job is a very risky one, there is no how you will not offend some people.
“Some of them will tell you their mind while some will grumble and wait till you leave the service. And then they will cook up false stories in order to discredit you and drag your name in the mud.”
He expressed confidence that he would be cleared by the panel of inquiry on the scam.
The former IG said, “I don‘t want to comment much on it because a panel has been set up to look into it and I know that I will triumph at the end of the day.”
He said that the killing of six traders in Apo Quarters, Abuja, was the first challenge he faced after his appointment.
Ehindero explained that the policemen who killed the traders were made to face trial when it was discovered that those killed were not armed robbers.
He said the interpretation of the status of the Public Order Act by the court was the second issue he addressed.
The former IG sressed that many politicians were against it but he said that after dragging the matter in court, the Police won.
On the elongation of his service, Ehindero said it was not his making.
He said, “When I wanted to leave office on December 20, 2005, the government said no. The government added one year to my years of service and after that, I was asked to wait till May 29.
“I want to say that I never asked for an extension at all as some people perceived. On May 8, I wrote a letter of disengagement from service that I would go on May 29. I was on June 1 pulled out of the force.”
The Oloyin of Oyin, Oba Bamisile, described Ehindero as a worthy son of the town. He said the conferment of the Otunba Jagunmolu (a successful General) on Ehindero was to recognise the service of the ex-IG to the nation.
The representatives of Oba of Lagos, Oba Rilwan Akiolu, were among other dignitaries at the occasion.
Meanwhile, detectives investigating the fraud in the Police have concluded investigations and will submit a final report to the Presidency on Tuesday.
A source said the investigating team had recommended the dismissal of Obaniyi; another officer in the budget department; and a constable who was caught driving the vehicle containing the N21m.
The three suspects, who are on suspension, have also been recommended for trial.
The investigating team is headed by the Deputy Inspector-General of Police in charge of Force Criminal Investigating Department, Mr. Keiran Dudari.
It was gathered that while the Police dealt with the case of the suspects in line with the Police rules and regulations, the acting Inspector-General of Police, Mr. Mike Okiro, could not handle the aspect relating to Ehindero.
It was gathered that since the Police Service Commission is yet to be constituted, the Police Management Team may have to handle the fraud.
The Police Management Team is made up of the IG and all the Deputy Inspectors-General of Police.
It was also gathered that Ehindero, when queried, disowned Obaniyi, saying that the CP, Budget acted without his (Ehindero’s) knowledge.
i love supreme court rulling on andy uba case , and that shuold get to imo state governor ikedi ohakim a wicked , araruma shuold me re intald as governnor of imo state.
ikedi can not see very well with his half past 4 eyes.
let the winner rule .
i love supreme court rulling on andy uba case , and that shuold get to imo state governor ikedi ohakim is a wicked , ararume should be re instated as governnor of imo state.
ikedi can not see very well with his half past 4 eyes.
let the winner rule .