Uduaghan For April Polls, Court Rules

A Federal High Court sitting in Asaba, Delta State, South-south Nigeria this afternoon ruled that Governor Emmanuel Uduaghan of Delta State must contest the April governorship election.

Justice Ibrahim Buba ruled that the tenure of his office which began with the 6 January governorship re-run election cannot guarantee him another four years as governor of Delta State.

Uduaghan had approached the court to determine when his tenure will end.  He argued that he should be in office for another four years, having emerged winner of the 6 January, 2011 governorship re-run in the state.

However, Action Congress of Nigeria, ACN Delta State governorship candidate in the April election, Barrister, Ovie Omo-Agege requested the court to join him in the suit.

Through his counsel, Omo-Agege argued that the court should set aside section 180 (2) (a) of the Electoral Act, saying that by virtue of the 1999 constitution, Uduaghan’s tenure would end on 28 May and he must contest the April election.

During his argument, Uduaghan’s counsel, Alex Iziyon told the court that his client is entitled to a four-year tenure after he won the rerun election ordered by the Court of Appeal this year and was sworn-in.

According to Iziyon, the Court of Appeal in Benin had ordered a fresh election and not a rerun after it annulled the 2007 election victory of Uduaghan on 9 November last year.

But Robert Emukperuo, counsel to Great Ogboru, whose petition led to the outster of Uduaghan urged the court to ignore the reliefs sought by Uduaghan.

He argued that “the plaintiff cannot from the 2007 election have two tenures. When a rerun is ordered, it means the same election which cannot have two tenures.”

He further argued that “the amended 1999 Constitution commenced operation only on 16 July 2010 before the rerun was conducted under the amended constitution and 2010 Electoral Act.”

Delivering his judgement, Justice Buba upheld the submission of the counsel to ACN candidate Omo-Agege and dismissed Uduaghan’s prayer for tenure elongation.

The judgement in Asaba stood in sharp contrast to another judgement by a Federal High Court in Abuja which barred the Independent National Electoral Commission from conducting elections in  Kogi, Bayelsa, Cross River, Sokoto and Adamawa, where there were reun elections. The governors of those states had sought an order of the court to extend their terms till 2012. The INEC has appealed the judgement.

—Yomi Obaditan/Asaba