INEC appeals ruling on tenure extension

Guardian

3 March 2011

INEC appeals ruling on tenure extension

THE Independent National Electoral Commission (INEC) yesterday made good its threat to appeal the verdict of the Federal High Court, Abuja Division, stopping the conduct of governorship elections in Adamawa, Bayelsa, Cross River, Kogi and Sokoto states in April.

One of INEC counsel confirmed yesterday the filing of the appeal, but failed to offer details of the commission’s grounds or a copy of the notice of appeal.    

   

The trial Judge, Adamu Bello, had penultimate week held that the tenure of the five state governors legally started in 2008 when they took their fresh oath of office and allegiance following the nullification of their April 14, 2007 elections by the courts.         

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INEC had last August announced that the tenures of governors, who were re-elected after their 2007 elections were cut short by tribunals, would end on May 29, 2011.               

The position of the commission was bolstered by an amendment to the Electoral Act. Section 135 of the principal act, which deals with governors’ tenure, was amended in sub-section (2) by the insertion of a new Paragraph C, which states that: “In the determination of the four-year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in the office before the date the election was annulled shall be taken into account.”

The commission wants an order of stay of judgment pending the determination of the appeal.” according to INEC lawyer, speaking on condition of anonymity, the commission is prepared to conduct elections in the affected states.