PETER OBI VS INEC

In the words of Barrister Marcus Ndukeze,

Obi vs. INEC is a case in the Nigerian Legal System
which has set every high standard of legal justice
in Nigeria; more so, it has made the judiciary a
hope for the hopeless and a very helping place to
the oppressed. He is of the opinion that this is a
Locus Classicus case in the judicial law making in
Nigeria because this was a man who had lost the
hope of becoming a Governor in his life because of
the powers that be.
Like it was decided in Amaechi vs. INEC,
Fayose vs. AD, Oni vs. Agagu and Ararume vs. PDP
(un- rptd). The present case he said is like a ratio-
decidendi, which means that it must be binding to
most future and present cases in judicial law
making in Nigeria as it relates electoral cases. This
case has made it that Anambara state would not
have the same governorship electoral calendar or
dates as other states in Nigeria.
According to Barr. Mbalaso, the major issue
of the case, Peter Obi vs. INEC, deals with judicial
interpretation of statute. For him a law is no law
until pronounced upon by the court. He also said
that Obi vs. INEC was a post election case that was
why there were so many controversies unlike the
issue of Gov. T.A Orji and his entanglement with
Okija matters which was dismissed because it was
a pre-election matter.
In the view of Barr. Chris Ezem, Peter Obi
went to court to get him an injunction to stop Andy
Uba from being sworn in as governor of Anambara
State. The Supreme Court assured him that there
was no need for rush and he should be silent and
allow Andy Uba to be sworn in. After he (Andy) was
sworn in, lawyers went to the Supreme Court for
them to interpret the tenure of office of a
Governor. The Supreme Court held that there was
no vacancy in the first place so; the election was
null and void. Therefore the Supreme Court
ordered Andy Uba out. In his words, “Obi’s case
laid down a principle which has to do with when
the tenure of office of a Governor should start”.
However, he says, there is a more interesting case
which calls for judicial attention in line with Peter
Obi vs. INEC’s case. There are the cases of Liyel
Imoke of Cross River State, Idris Abubakar of Kogi
State, Oyilola Olausoye of Osun State and two
more governors involved.
In the case of Liyel Imoke, the present
Governor of Cross River State, he was sworn in on
May 29th, 2007. After he served two years in
office, there where contentions from adverse
parties as regards the election of 2007. Liyel Imoke
lost in the first tribunal and there was an appeal.
There was an order for a re-run. He had to step
aside for a 90-day re-run. The speaker of the State
House of Assembly took over office according to
the provision of section 191(2) of the 1999
constitution of the Federal Republic of Nigeria
which states thus:
- Where any vacancy occurs in the circumstances
mentioned in subsection (1) of this during a period
when the office of the Deputy Governor of the
state is also vacant, the Speaker of the House of
Assembly of the state shall hold the office of the
Governor of the state for a period of not more than
3 months, during which there shall be an election
of a new Governor of the state who shall hold office
for the unexpired term of the last holder of the
office.
After the re-run of the election, Liyel Imoke
won and was sworn in a second time. Now, the
controversy is, “where should his tenure be
counted from? Is it from the first swearing in or the
second?”
 As a legal mind, he says, he would like to
make it known that an oath is an oath. The same
person took the first and the second oath not a
different person. If he is asked to start a fresh
tenure because of the second oath, he would serve
for six years which would be a “summersault” on
the constitution or a mess to the constitution. A
Governor should serve only for four years and
nothing more than that. There was a gap in the
judgment of the Supreme Court by asking Liyel
Imoke to be sworn in a second time. That is why it
is not good to leave a gap in judgment because the
judgment of the Supreme Court on issues of tenure
has become law. According to him, properly
speaking, in line with the definition of an oath, an
oath need not be taken twice. For example, an
accused person who is charged before a
magistrate court probably has the same case
brought before a higher court, the court would say,
“let the accused person stand on the existing
base.” Therefore, extending his (Liyel Imoke’s)
tenure would defeat the constitution and
remember, the constitution supersedes all other
laws.
Former Justice of the Supreme Court,
Justice Sampson Uwaifo, faulted the verdict of the
Supreme Court that ordered Mr. Peter Obi to
complete his full four year tenure from the day he
was sworn in as Governor of Anambara State.
According to him, democracy still remains a very
controversial concept. Even going by the common
notion that democracy is the popular control of
government by the will of the majority, in practice,
no one can vouch for true attainment of this
idealism.
For him the judiciary played a very
endearing role in several litigations prior to the
2007 elections. Some of the notable ones reported
so far were:
- INEC vs. Action Congress (2007) 6 NWLR (pt
1029) 142 decided by the Court of Appeal but
overruled by the Supreme Court;
- A.G.Federation vs. Abubakar (2007) 8 NWLR (pt
1035)117 also a decision by the Court of Appeal
affirmed by the Supreme Court.
The governorship election of 003 in
Anambara State in which Dr. Chris Ngige of the
PDP was declared winner was successfully
challenged by Mr. Peter Obi of the APGA. It took
nearly three years before the petition was decided.
Mr. Peter Obi then took the oath of allegiance and
oath of office only on March 2006. As the 2007
election was approaching, Mr. Peter Obi (Governor
of Anambara State) took out an originating
summons against the Independent National
Electorate Commission at the Federal High Court
Enugu on the 12th of February, 2007for certain
reliefs.
Justice Uwaifo went ahead to say what
happened at the Supreme Court. As he said, the
applicant appealed to the Supreme Court on June
14th, 2007, the Supreme Court reversed the two
lower courts. Before then, elections had taken
place and Dr. Andy Uba was declared winner and
sworn in as Governor of Anambara State on May
29th, 2007.