It is a fundamental
principle of justice that litigation must have an end. Therefore, it is not strange that the end of
the seemingly unending litigation that has seized Kogi State since the election
season of 2011 is now in sight. However, the kind of information that is being
peddled around is dangerous. People no longer suggest what the judgement will
look like rather, they say with confidence where the scale of justice will
swing to. Sadly, most people who make such declarations don’t even know what exactly
is before the court for determination.
It is important to
note that this case is almost a case without a precedent and as such, it is not
sensible to confidently say what the outcome will be.
A journey from the beginning of this case to this point
that can better be described as “season of anxiety” is breath taking. Travel
with me as I attempt to give a SKETCHY account of this litigation. Let us
review Echocho Vs Wada, PDP & INEC from the cause of action!
INEC had announced that it was going to conduct general
elections across the country and within its time-table, the gubernatorial
election of Kogi State was fixed for 26th April, 2011. This was in
anticipation that the tenure of the sitting Governor, Enegbani Ibrahi Idris
will expire on 29th May, 2011. Accordingly, the PDP on 19th
January, 2011 conducted primary election which Enegbani Isah Echocho was
declared winner; his name was therefore forwarded to INEC as the elected
candidate for the 26th April, 2011 election.
Meanwhile, Enegbani
Ibrahim Idris and governors of four other states,
Adamawa, Bayelsa, Sokoto
and Cross
River had approached the Federal High Court seeking that their tenures as
governor should exceed 29th May, 2011 since they had their elections
nullified and they contested and won fresh elections and took fresh oaths of
office.
On 23rd February, 2011, while everything was set
for the 26th April, 2011 election wherein Enegbani Isah Echocho was
standing as the candidate of the PDP, Justice Adamu Bello of the Federal High
Court sitting in Abuja gave judgement to the effect that the tenure of the
governors should not expire on 29th May, 2011 since they took fresh
oaths of office. This indeed marked the beginning of another phase of crises
with Enegbani Isah Echocho being at the receiving end.
Note worthy is the fact that INEC had appealed this
judgement before the Abuja Division of the Court of Appeal but the Court
dismissed INEC’s appeal and upheld the judgement of the trial court.
Constrained, INEC brought an end to the preparation for the proposed 26th
April, 2011 gubernatorial election in Kogi and the other states since by these
judgements, there was no vacancy to be filled in the first place. It must be
borne in mind that INEC’s position was based on the time-frame set out by the
CFRN 1999 as it relates to election time-table (this provision has also been
severally amended during the life time of these cases).
In view of the new date that Enegbani Ibrahim Idris is to
leave office being 6th February, 2012, INEC had rescheduled gubernatorial
election in Kogi for 3rd December, 2011, exactly seven months and
seven days from the earlier scheduled election. INEC further caused a fresh
primary election to be conducted.
Accordingly, in September, 2011, the PDP conducted a fresh
primary election against the 3rd December, 2011 gubernatorial
election wherein Enegbani Idris Wada emerged winner and his name was forwarded
to INEC as the candidate of the party for the election.
On 3rd December, 2011, gubernatorial election was
held across Kogi State. It was keenly contested between Enegbani Idris Wada of
the PDP and Enegbani Abubakar Audu of the ACN. At the end, the PDP candidate
was declared winner and certificate of retune was issued to him pending the
expiration of Enegbani Idris’s tenure on 6th February, 2012 (in line with the judgement of the Federal High Court as was
upheld by the Court of Appeal).
Meanwhile, INEC and other appellants in the case had
strangely proceeded to the Supreme Court to challenge this judgement despite
the fact that events seem to have overtaken it. It was so fierce that the
Supreme Court invited three constitutional experts and friend of the court (Amicus Curiae) to advise the court on the appropriate line of action.
While Prof.
Itse Sagay (SAN) and Olukanyinsola Ajayi (SAN) advised the court to allow the
appeal and ask the governors to leave office immediately, former
Attorney- General of the Federation, Chief Richard Akinjide (SAN) advised the court to
dismiss the appeal. The argument then was that if the constitution didn’t allow
for such elongation of tenure, the National Assembly shouldn’t have amended the
constitution to now provide that; if an election is annulled and the earlier
winner wins again, his term of office should count from his first oath of
office.
Be that as it may,
the Supreme Court on 27th January, 2012 allowed the appeal of the
appellants and ordered that the tenure of the governors ought to have, and had actually
expired on 29th May, 2011.
This judgement saw
Enegbani Ibrahim Idris and four other governors leaving office immediately. While
the speakers of other states assumed office as Acting Governors, the case of
Kogi was different. A governor-elect was waiting. After serious fireworks,
Enegbani Wada was sworn in as substantive governor by the President of the
State’s Customary Court of Appeal.
Enegbani Isah Echocho
approached the Federal High Court asking the court to declare him the candidate
of the PDP haven won the primary of 9th January 2011 and his name
forwarded to INEC, the second primary held about seven months later which saw
Enegbani Wada emerging as the PDP candidate ought not to have held in the first
place. He further prayed the court to declare him winner of the 3rd
December, 2011 gubernatorial election held in Kogi State, set aside the
swearing-in of Enegbani Wada and order that he (Echocho) be sworn in as
governor.
One of the issues
distilled for determination by counsel to Enegbani Wada, Chis Uche (SAN) was
whether the case of Enegbani Echocho does not constitute a post-election case;
and if it does, does the Federal High Court have jurisdiction to entertain
it?
On 29th
August, 2012, Justice Kafarati of the Federal High Court resolved in favour of
Enegbani Wada by declining jurisdiction on grounds that the case is a
post-election case and can only be heard by an Election Tribunal. He maintained
that the said election was conducted on 3rd December, 2011 and Enegbani
Echocho only approached the court in February, 2012. The case was dismissed and
cost of N100, 000.00 was awarded against Enegbani Echocho.
Not satisfied, he
(Echocho) approached the Court of Appeal to have the judgement of Justice
Kafarati of the Federal High Court turned down and have him declared as
governor-elect but he again lost. The Court of Appeal held that the trial court
was right in its judgement.
He has now
approached the Supreme Court which is his last option to have the judgements of
the two lower courts turned down. Records have been transmitted, briefs have
been adopted, judgement has been reserved for 21st February, 2014.
As we expect very
soon, the judgement that is likely to bring to an end the seemingly unending
litigation that has seized Kogi State since the election season of 2011. I
honestly urge all concerned to avoid making insinuations into what the
judgement will bear.
Enegbani INEDU OPALUWA
ineduopaluwa@yahoo.com VIA igalaproject@yahoogroups.com
@ineduopaluwa
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