Fresh Polls To Hold In 5 States.

Indications emerged yesterday that the Independent National Electoral Commission (INEC) might organise fresh primaries and elections in the five states whose governors were sacked last Friday.

The decision to go for fresh elections in the affected states, according to a competent source, is based on the order by the Supreme Court for INEC to organise fresh elections in those states within three months.

It was learnt that INEC came to the decision to go for fresh polls in the affected states after reading the verdict of the five-man Supreme Court panel that ousted the governors.

It was also further learnt that top INEC officials, who have been meeting over the apex court’s verdict since Friday, came to the conclusion that the best thing to do was adhere strictly to the verdict to avoid being accused of acting a script.

Apex court gives consequential orders
Contrary to insinuations that the highest court in the land did not give consequential orders after sacking the governors, it was learnt that one of the five justices of the Supreme Court made a binding order that the commission could not ignore.

In her verdict as part of the landmark judgment, Justice Olufunlola Adekeye, said: “Consequently, with the outcome of these appeals, the 1st respondent (Murtala Nyako, former governor of Adamawa State) in suit No. S. C. 141/2011 is ordered to vacate office immediately while the speaker of the Adamawa House of Assembly shall be sworn in as acting governor of Adamawa State in line with section 191 (2) of the Constitution .

“The Independent National Electoral Commission (INEC)shall conduct an election within three months to fill the vacancy in the office of the governor of Adamawa State now created.”

A source close to INEC hinted yesterday that the commission was mulling two options: to go back to the governorship primaries it conducted before May 29, 2011, or conduct a fresh one in line with the court verdict, to avoid being seen as working for a particular interest.

The source who craved Anonymity  because of the sensitive nature of the matter, also said the commission might today announce its decisions to reschedule gubernatorial elections in the five states based on the outcome of the court verdict.

It said, “INEC has consulted with its lawyers and have been duly advised on further action. It is based on their legal advice that the commission is mulling the options to either go back to the previous list of party nominations submitted before May 29, 2011 or order fresh primaries in these states in question.

“Looking closely, you will agree withthe Supreme Court judgment renders all election decisions taken after May 29, 2011, a nullity. The election timetables released by INEC for the five states, in any case, was premised on a Federal High Court and Court of Appeal judgments that have been set aside by Friday’s Supreme Court verdict”.

Supreme Court judgment, setback to Nigeria’s democracy - PDP

...woos acting governors
In a studied reaction, the ruling Peoples Democratic Party, yesterday expressed disappointment with the judgment, describing it as a setback to the nation’s democracy.

A statement released by the party’s publicity secretary, Prof. Rufai Alkali, the  PDP expressed dismay over the apex court’s verdict, which threw out five of its governors in one fell swoop.

“The judgment, no doubt, throws a major challenge to our determination to deepen democracy in our country. For us in the PDP, it is a huge setback, considering the time and resources spent in the last one year to ensure smooth transition in the affected states.

“While we await a clear position from the INEC on the status of the elections in these states, we call on our members to remain calm and be rest assured that we shall continue to stand by them and do everything legally possible to maintain our dominant position in those states,” the party said.

And, in a swift move to checkmate the opposition parties and consolidate its position in the five states, the presidency and the PDP yesterday summoned the acting governors for a “crucial” meeting in Abuja.

A source close to the meeting said the acting governors were summoned to Abuja to woo them not to do anything that could make their sacked principals lose the elections to be rescheduled by INEC.

The party is said to be worried by reports that some of the acting governors were at loggerheads with their sacked governors and were already dismantling their structures, a situation the party sees as detrimental to winning the states back when election is held.

Although details of the meeting were not made public, it was gathered that the party used the occasion to reconcile the acting governors with their former bosses.

Adamawa acting governor dissolves Nyako cabinet
In the meantime, the acting governor of Adamawa State, Ahmadu Umaru Fintiri, has dissolved the cabinet put in place by the former governor, Murtala Nyako.

Fintiri, in his first major action, sacked all commissioners, special advisers and close aides of Nyako and appointed Prof Abdullahi Tukur to serve as the secretary to the state government.

Sokoto acting governor backs Wamako
But in Sokoto, the acting governor, Alhaji Lawal Zayyanu, has said that the former governor, Aliyu Wamakko, remains the leader of the party in the state and that he is merely holding the forte for him.

He promised to continue to work for the return of the former governor whom he described as his mentor and leader, when fresh election is held. 

Zayyana stated this while receiving members of the standing committee of the Nigerian Guild of Editors that visited him in his office shortly after their meeting in Sokoto yesterday.

ACN ready for fresh election in Kogi
The Action Congress of Nigeria (ACN) in Kogi State has said that it is ready for fresh governorship election in line with the court verdict.

The chief strategist to Prince Abubakar Audu, Otunba Dino Melaye, told one of our correspondents on the telephone yesterday that the party had put behind the political events of the past and prepared its mind for fresh election in the wake of the verdict.

But, the media aide to Captain Idris Wada, Mr. Edi Jacob,  who was also sworn in as acting governor of the state by the president of the state’s Customary Court of Appeal, said that it was not clear why a governor who won a free and fair election was not sworn in as acting governor.

Confusion in Bayelsa
But in Bayelsa, supporters of the former governor, Timipre Sylva, and Seriake Dickson are sharply divided over the court verdict.

The factional chairman of the CNPP in the state, Mr. Sunday Frank-Oputu, said the court verdict has provided a new opening for INEC to conduct a fresh election in the state.

He said the commission must allow all those who participated in the primary election before May 2011 to take part in the fresh election in the state.

Lawyers differ over fresh polls
Meanwhile, lawyers who have been analysing the verdict have also given conflicting advice on what to do in the wake of the decision of the apex court.

In separate interviews, Prof  Itse Sagay (SAN), Dr Konyinsola Ajayi (SAN), Chief Oluwarotimi Akeredolu (SAN) and Mr. Abubakar Malami (SAN) agreed that elections should be held in Adamawa, Sokoto, Bayelsa and Cross River states since Kogi State already had an elected governor.

According to Sagay, the Supreme Court judgment implies that fresh election should be held in four states.

Sagay said, “The Chief Judge of the state ought to have sworn in the governor-elect in Kogi.”

But Ajayi disagreed with Sagay, saying that since one of the seven panel members, Justice Olufulola Adekeye, declared that the speakers be sworn in and that fresh election be held in the five states, there was no need to look for any other interpretation.

Ajayi said, “No one can go outside that judgment, otherwise he would run foul of the law.”

Malami said that the position of the court was unambiguous and that the five states must carry out the instruction of the verdict.

He said: “The apex court has, in a nutshell, directed that the speakers be sworn in and fresh elections be conducted within 90 days from the day of the judgment. That also means fresh party primaries leading to fresh governorship elections should be held as well.

“With respect to Kogi State, the election of the governor-elect was held within the extended time the apex court declared as illegal. Hence, the election of Wada lacks legal foundation upon which it can stand. You can’t place a valid election on illegal platform and expect it to stand.”

Akeredolu also insisted that fresh election must be held in four states, arguing that the situation in Kogi required further interpretation by a competent court.

In his contribution, a Lagos-based lawyer, Mr. Femi Falana, said there was sufficient order for fresh elections in the affected states and that there was no need for any confusion.

He said, “Going by the decisions of the apex court, a supporting contribution by Justice Olufunlayo Adekeye has edified and strengthened the lead judgment. Since the additional order of Adekeye JSC constitutes an integral part of the decision, it is very dangerous to give the misleading impression that the Supreme Court did not make any consequential orders.”