It held that since they took oath of office and oath of allegiance in 2008, the tenure of the five governors in the affected states would not expire until 2012.
But a lawyer to INEC, Mr. Hassan Liman, said that it was only the electoral body that would decide whether to challenge the court of appeal decision at the Supreme Court.
Delivering judgement in an appeal filed by INEC against the decision of Justice Adamu Bello of a Federal High Court in Abuja on the tenure completion of the governors, Justice Garba Mohammed Lawal, said it should be determined by the outcome of the rerun conducted in 2008 and not on the 2007 election, which was voided and set aside by election petition tribunals and competent courts of jurisdiction.
He therefore upheld the judgement of the FHC delivered on February 23, 2011 that something could not be built on nothing.
The appellate court agreed that INEC was wrong in law in its interpretation that the tenure of the five governors started in 2007 when in the eyes of the law, the purported governorship elections were not conducted in the five states, having been declared null and avoid by competent court.
The judge held that INEC erred when it held that the amendment done to the 1999 constitution by the National Assembly in 2010 took retroactive effect and affected the five governors who were legally inaugurated in 2008.
The appellate court stated that there was nowhere in the constitution that the amendment shall take retroactive effect, adding, “Since the amendment was signed on July 16, 2010, its take-off date shall be July 16, 2010 and not 2008.”
Justice Garba said that section 180 of the constitution as it affects the tenure of state governors was not ambiguous and that the Supreme Court did not need to shout its self hoax before a simple interpretation could be given to the section of the constitution.
He therefore ordered INEC not to conduct governorship elections in the five affected states until the tenure of the occupants had expired in 2012.
The governors – Ibrahim Idris (Kogi); Aliyu Wamakko (Sokoto); Murtala Nyako (Adamawa); Timipre Sylva (Bayelsa); and Liyel Imoke (Cross River) – had sued INEC at a Federal High Court, where they applied for an order to stop the electoral body from conducting governorship election in the affected states.
They had maintained that their tenure would not expire until 2012 because they took their oath of office and oath of allegiance on different dates in 2008.
They submitted that INEC had no power under any the law to conduct governorship election in their states until next year.
The arguments of the governors were on February 23, 2011 upheld by Justice Adamu Bello, who ordered INEC not to conduct governorship election in their states until next.
It will be recalled that INEC, not satisfied with the FHC decision, approached the Court of Appeal, Abuja, with an appeal seeking to set aside the judgement of the lower court on the ground of wrong interpretation given to section 180 of the constitution and the amendment constitution.
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