New York, June 15, 2007—Nigerian Supreme Court yesterday terminated the tenure of Mr. Andy Uba as governor of Anambra State after just 15 days in office and ordered the immediate restoration to that office of his predecessor, Mr. Peter Obi and Dame Virgy Etiaba.

Left: Ousted Anambra Governor, Emmanuel Nnamdi Uba (aka: Chief Dr. Andy Uba). Right: The people elected Governor, Mr. Peter Obi.

Soon after the ruling, President Umaru Yar’Adua directed the Inspector-General of Police, Mr. Mike Okiro, and the Solicitor-General of the Federation, Professor Ignatius Ayua, to facilitate the implementation of the Supreme Court’s ruling on Mr. Obi, who himself hailed the court’s decision as a victory for the rule of law.

Reports reaching our office indicate that indigenes of Anambra States in the homeland and in the Diaspora erupted in jubilation when the news broke out.  In Awka and major cities in Anambra State, the masses erupted in celebration immediately the  news of the court’s decision got to them.

Deputy Governor, Her Excellency, Dame Virgy Etiaba (Popularly called, ‘Mama Anambra’). She was present in court and witnessed the ruling.

Wild jubilation from the Obi’s camp greeted the decision of the court, describing it as a victory for democracy and the rule of law. Dignitaries who witnessed Thursday’s proceedings included the Deputy Governor to Peter Obi, Her Excellency Dame Virgy Etiaba, popularly called ‘Mama Anambra’. She described the judgment as a victory for democracy, noting that was why the people were so happy. She assured the Obi administration would make everyone work harder in the interest of the development of the state. Her Excellency Dame Etiaba described the judgment as an act of God.

Etiaba's son, Echezona, thanked God for restoring Obi, saying that people should always trust in God. He thanked the press both home and abroad "for helping in the fight and in making sure darkness did not triumph over light." He described the judgment as "excellence and wonderful".

The Supreme Court held that there was no vacancy in the Anambra Government House when INEC conducted gubernatorial election in the state won by Mr. Uba. In effect, the court said Mr. Obi’s four-year term of office was yet to expire.

It held that by the provision of section 180 (2) of the 1999 constitution, Obi’s term of office commenced on March 17, 2006 when he took his oath of office and the oath of allegiance and that he is expected to leave office on March 17,  2010.

Although the court regretted that its decision would no doubt occasion pains and hardship on Mr. Uba, it said holding a contrary position would amount to subverting the provisions of the 1999 Constitution.

Justice Aloysius Katsina-Alu presided over the seven-member panel of the Supreme Court which handed down the decision.

Said the court; “I am aware that the conclusion now reached will impose pain and hardship on those who have spent resources and time in quest for an office which was not vacant. But the constitution of the land must be upheld.”

Uba was elected Governor of Anambra State on April 14, 2007 and was sworn into office on May 29, this year. He was in office for only two and a half weeks before his tenure came to an abrupt end yesterday.

The Supreme Court which sacked him had, however, warned at the last adjourned date that it could issue an order removing Governor Uba from office if there was merit in a constitutional suit filed by Mr. Obi on when his tenure of office expires.

The court had held that the fact that the elected governor was about taking his oath of office was not a barrier, the pending suit being a pre-election case.

True to its threat, the court took arguments yesterday on the interpretation of Section 180 (2) of the 1999 constitution and came to the find that an elected governor’s term of office commences from the date he takes his oath of office and the oath of allegiance.

Justice Katsina-Alu, after listening to arguments yesterday on the issue, said: “This is an appeal challenging the judgment of the court below which affirmed the judgment of the Federal High Court to the effect that it had no jurisdiction to pronounce on when the tenure of office of the plaintiff\appellant expires.

“The High Court had declined jurisdiction on the grounds that only the election tribunal had jurisdiction in the matter. The matter moved from the High Court to the court below. The court below had felt the judgment of the high court which declined jurisdiction was okay.

“It is my firm view that what the appellant has sought is the interpretation of section 180 (2) (a) (b) of the 1999 constitution. The 1999 constitution empowers high courts to give interpretation to provisions of the constitution or the law. It is my view that the court below was wrong to have declined jurisdiction in this matter.

“In the interest of justice and having regard to the fact that the relevant facts in this matter are not in dispute, the court will proceed to exercise its powers under section 22 of the Supreme Court Act to decide this case on its merit.

“The provision sought to be interpreted reads: ‘subject to the provision of subsection 1 of this section, the Governor shall vacate his office at the expiration of a period of four years commencing from the dates when: (a) In the case of a person first elected as governor under this constitution, he took the oath of allegiance and the oath of office.’

“It is not in dispute that the plaintiff\appellant (Peter Obi) was sworn into office on 17th March 2006. If it is so, his term of office will expire on March 17, 2010.

“In his suit, the plaintiff applicant has sought an order that his four year term of office cannot expire; that it extends beyond the May 29, 2007.

“In spite of its awareness that the case was still going on in court, INEC went on to conduct election into the office of the Governor of Anambra State. This is against the principle of lis pendis.

“This court and indeed any court will not allow its processes to be treated with disdain. In order to ensure that the plaintiff’s appeal is not rendered nugatory, I therefore make the following declarations:

•That the office of the Governor of Anambra State was not vacant on the 29th of May 2007;

•That Dr Uba should immediately vacate the Office of the Governor of Anambra State with immediate effect to enable the plaintiff appellant complete his term of office.

“I make no order as to costs,” he added.

All other six justices of the apex court on the panel concurred and made their individual comments too.

First to concur with the lead judgment was Justice George Oguntade. His words: “I have had the advantage of reading in draft the copy of the lead judgment just delivered by my learned brother, Justice Aloysius Katsina Alu. I entirely agree with it.

“The facts leading to this appeal are very simple and straightforward. In addition, the relevant provisions of the 1999 constitution are very explicit in relation to the facts of this matter. The two courts below fell into error because they misunderstood and consequently misinterpreted the provision of section 184 and 285 of the 1999 constitution.

“This error led them to conclude that the appellant could only be heard by an election tribunal. This suit was filed at the trial court on 12th February 2007. At that time, the office of the Governor of Anambra State had not become vacant. Neither was there a dispute as to whether the term of office of the plaintiff appellant (Peter Obi) had ceased.

“The plaintiff appellant brought a suit to invoke the powers of the high under section 251 (q) of the 1999 constitution. There is clearly a jurisdiction of the high court to hear the case.

“As for the merit of the plaintiff’s suit, Section 180 (2) of the 1999 constitution is clear and unambiguous. The only conclusion to be arrived at from the provision of section 180, 2 is that the four year term of the office of the governor commenced on 17th March 2006 when he took his oath of office and the oath allegiance.

“His term shall not expire until March 17, 2010. To arrive at any contrary finds will amount to the subversion of the constitution.

“I am aware that the conclusion now reached will impose pain and hardship on those who have spent resources and time in quest for an office which was not vacant.

“But the constitution of the land must be upheld. I intend to give my fuller judgment on 13th of July 2007.

“I agree with the leading judgment of my learned brother, Justice Katsina Alu. I subscribe to all the orders granted,” he added.

Yar’Adua orders compliance

Reacting to the development, President Yar’Adua directed the Solicitor-General of the Federation and the Inspector-General of Police to facilitate the implementation of the judgment as soon as they are served a copy.

In a statement, the Presidency said: “The President affirms the determination of his administration to uphold the rule of law in his resolve to reposition Nigeria for peace and prosperity.”

It was learnt that shortly after the Supreme Court ruling, the President summoned a meeting of the leadership of the People’s Democratic Party (PDP) to the State House in Abuja where the ruling was discussed.

A top party source revealed that the discussion was done in line with the inaugural speech of the President to uphold the rule of law through the tenure of his administration.

Also speaking on the development yesterday, spokesman for the PDP, Mr John Odey, said party had accepted the ruling and would abide by it.

Mr Odey pointed out that the party would accordingly direct Mr Andy Uba to vacate office in line with the ruling. “We are a law-abiding party and PDP is determined to rule by example by ensuring that rule of law prevails in Nigeria. The Supreme Court is the final arbiter in our Judiciary and we will abide by the Court’s ruling,” he said.

It’s victory for rule of law —Obi

Mr. Obi in a statement presumably signed by him said: “It is with greatest respect that I commend the continued efforts of the Judiciary to make democracy work, through its forthrightness and dedication to the cause of justice.

“Today’s victory, like previous ones, is a victory for the rule of law. It is a testimony that our country is gradually evolving a rule-governed state. The victory of today is another confirmation that the Judiciary is the bulwark of democracy.

“Besides the rejoicing and celebrations, the victory of today invites us to sober reflection on how we have individually laboured to make democracy work.

“Anambra State has suffered and we believe that the present development is yet another positive event that will help us overcome the distractions of yesterday and move the state forward.

“I urge all Anambrarians to forget our differences and join hands with the government to strengthen democracy in the State.

“Most importantly, I thank God by His infinite mercies on the state,” he said.

Jubilations in Awka, Onitsha

Jubilation and celebration erupted in Awka yesterday, as the people, young and old, trooped to the streets, to celebrate the return of Mr. Obi as the governor of Anambra State as pronounced by the Supreme Court.

As soon as the news of Obi’s victory at the Supreme Court filtered into Awka and Onitsha, residents of the two cities started jubilating. In Awka, civil servants, however, received the news with mixed feeling as Uba only Wednesday increased their salary to N7,500.

The news came shortly after former Governor Andy Uba returned from an interactive meeting with traditional rulers in the state. On getting the news, Uba drove out of the Government House in a long convoy, and was shortly followed by his deputy, Mrs. Stella Odife.

As the news spread, civil servants began to leave their offices. Meanwhile, the news was welcomed in the cities by the people.

Shortly, after Uba and his deputy left the Government House, scores of soldiers and policemen moved in to safeguard government properties.

In Onitsha, traders virtually closed their shops and trooped to the streets to celebrate the victory. They were joined by commercial vehicle drivers and Okada riders. The drivers were shouting “our man is back.”