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| Dr. Kayode Fayemi |
By Tobi Soniyi, Toba
Suleiman and Ernest Chinwo
The Supreme Court Friday in Abuja affirmed the decision of
the Court of Appeal which in 2010 returned Dr. Kayode Fayemi of the Action
Congress of Nigeria as the duly elected Governor of Ekiti State in the 2007
governorship election in the state.
Also Friday, a Rivers State High Court sitting in Port
Harcourt stopped the Peoples Democratic Party from taking further action
against the Rivers State Governor, Chibuike Rotimi Amaechi, pending the hearing
of a substantive suit challenging his suspension from the party.
Minutes after the news of the ruling filtered into Ekiti
State, there was wild jubilation across the length and breadth of the state,
especially Ado-Ekiti, the capital of Ekiti State.
Former governor Segun Oni had approached the Supreme Court
over the 2007 governorship election, having been dissatisfied with the
judgement of the Appeal Court which dismissed his appeal against Justice Ayo
Salami’s judgement delivered on October 15, 2010.
The apex court in a unanimous decision by a seven man-panel of
justices held that the appeal brought by the candidate of the Peoples
Democratic Party Olusegun Adebayo Oni lacked merit as the court lacked the
jurisdiction to entertain the appeal.
The lead judgement delivered by Justice Sylvester Ngwuta
stated: "the appellant's entire case when stripped of its extravagant
build-ups and reduced to its proper frame, is simply an invitation to rely on
Section 36(1) of the 1999 Constitution to strip the ruling of the Court of
Appeal of the finality granted to it by Section 246(3) of the same
Constitution.
"In other words, the appellants (Oni & PDP) want us
to rely on Section 36(1) of the Constitution, 1999 to invalidate or render
inoperative, the finality clause in Section 246(3) of the same Constitution. In
diverse decisions on appeals relating to Section 285(7) of the Constitution of
the Federation 1999 (as amended) this court has consistently declined to
derogate from, close its eyes to, depart from, modify or set aside expressly or
by implication, a provision of the constitution under any pretext."
Justice Ngwuta noted that "Section 246(3) of the same
Constitution clothed the judgement of the said governorship election petition
appeal with the toga of finality. This court set aside the judgement in FRN v.
Ifeagwu (supra) even though the law creating the tribunal made its decision
final because the decision did not meet the requirements of the relevant
provisions of the defunct 1979 Constitution.
" There is no law, or any law, similar to Decree No. 18
of 1994, by which this court can review the decision of the Court of Appeal in
governorship election petition appeals.
"A provision of the Constitution may seem out of touch
with reality at any particular point in time, but in such cases, even when
proven, the court is not competent to intervene. The court is bound by the
Doctrine of Separation of Powers, under which the business of lawmaking is in
the exclusive domain of the Legislative made up of the Upper and Lower Chambers
of the National Assembly," he added.
"The court does not hunger after jurisdiction. It can
expound, but should not under any circumstance, such as the one presented in
this appeal, expand jurisdiction. The court has no jurisdiction to hear the
appeal and consequently, I sustain the 1st to 2nd and 3rd to 6th respondents'
preliminary objection on want of jurisdiction. The appeal is accordingly struck
out" he declared.
Reacting shortly after the judgement Friday, Governor
Fayemi, lauded the country’s judiciary for "again demonstrating its
resolve to always uphold the tenet of truth and justice."
Fayemi said: "Today’s victory has again confirmed that
truth will always prevail no matter the situation and that Ekiti State will no
longer be governed through fraudulent means. There was no basis for the petition
by Oni. His claims were frivolous, baseless and a waste of time. I think we
should also put in place laws that will punish electoral offenders. I believe
if Oni had been punished for rigging the 2007 governorship election in Ekiti
State, he would not have had the effrontery to approach the court again seeking
a backdoor to the governorship seat."
On his part, Oni said he was satisfied with the judgement,
since "he can’t question God." He added: "When God wants to
favour some one, He will refuse to answer your prayers at the moment of
request."
Fayemi had after the 2007 governorship elections in Ekiti
State on April 14th gone to the Governorship and National Assembly/ Legislative
House Election Tribunal to challenge the declaration of Oni by the Independent
National Electoral Commission as the validly elected governor of the state.
The tribunal in its decision delivered on 28th November 2008
dismissed his petition.
Not satisfied with the decision, he approached the Court of
Appeal Ilorin, which prior to the amendment of the Constitution was the last
court in governorship elections.
The Court of Appeal on February 2nd, 2009 delivered its
judgement and allowed the appeal in part and ordered a supplementary election
in 63 wards, leaving the result in six wards intact and to be added to the
result of the supplementary election in the 63 wards affected.
INEC cited as the 3rd respondent in the appeal duly complied
with the order of the Court of Appeal and on May 5, 2009 both Oni and Fayemi
contested the election with the candidates of other eleven political parties.
When the result of the supplementary election was added to
the result of the six uncontested wards, the 1st appellant (Oni) was declared
the winner with 111,140 votes against the 1st respondent's (Fayemi) 107,017
votes.
Still not satisfied Fayemi challenged the result of the
election. In its majority decision rendered on May 5th, 2010 the tribunal
annulled the result of the supplementary election in some wards and dismissed
the petition.
Fayemi appealed to the Court of Appeal, Ilorin Division
against the majority decision of the tribunal and by its judgement delivered on
October 15th 2010 the court allowed the appeal and set aside the majority
decision and affirmed the minority decision which pronounced Fayemi the duly
elected Governor of Ekiti State.
On the 13th of January 2011, Oni wrote a petition headed
"Complaint against Hon. Justice Ayo Salami and Others for my premeditated
and injudicious removal from office as Governor of Ekiti State" to the
National Judicial Council (NJC).
While the petition was pending before the NJC, precisely on
March 14th, 2011 the appellants (Oni and PDP) brought a motion on notice
pursuant to the inherent jurisdiction of the court for a number of reliefs
including, "An order setting aside the judgement of the Court of Appeal of
15th October 2010, nullifying his election as the Governor of Ekiti
State."
In Port Harcourt, the PDP was barred from taking further
action against Amaechi, pending the hearing of a substantive suit challenging
his suspension from the party.
Amaechi had gone to the court, presided by Justice Emmanuel
Ogbuji, challenging his suspension from the PDP by the National Working
Committee of the party.
Amaechi’s team of lawyers was led by a Senior Advocate of
Nigeria (SAN), Akin Olujinmi.
After hearing the application, Ogbuji issued the order and
also directed the PDP to maintain the status quo in the matter until the
substantive suit brought by the governor was heard.
The court also summoned the PDP to appear before it on
Thursday, June 6.
Ogbuji also directed Amaechi to serve the PDP the necessary
court processes by pasting them on the walls of the party in Abuja and through
publications in three national dailies.
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