The consolidated appeals arose from the decision of the Court of Appeal, Holden at Abuja, delivered on the 15th day of April, 2011, in which the Court dismissed the consolidated appeal nos. CA/A/113/2011; CA/A/117/2011; CA/A/118/2011; CA/A/119/2011 and CA/A/128/2011 and affirmed the decision of the Federal High Court Holden at Abuja, delivered on 23rd February, 2011.
The facts relevant to the appeals are a fall out of the general election conducted in Nigeria in 2007. The elections included governorship election into the office of governor of the 36 (thirty-six) states of the Federation. The victory of some of the state governors was challenged by other candidates on various grounds ranging from unlawful disqualification, electoral malpractices, to total absence of elections, which, however produced winners.
The following were among the successful governorship candidates whose electoral victories were challenged successfully by their rival candidates:
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i
Admiral Murtala Nyako of Adamawa State.
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ii
AMr. Timipre Sylva of Bayelsa State.
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iii
Mr. Liyel Imoke of Cross River State.
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iv
Alh. AliyuWamako of Sokoto State.
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v
Alh. Ibrahim Idris of Kogi State.
Meanwhile and following their electoral victories each of the above candidates were duly installed as Governor of their respective states on the 29th day of May, 2007, after taking the Oaths of Allegiance and of Office.
The election petitions against their declaration as winners of the elections went on up to the Court of Appeal where the elections of the five governors, supra, were nullified after they had each spent more than a year in the office as Governors.
The Independent National Electoral Commission (INEC) was ordered to conduct a re-run election in all these states within ninety (90) days as required by law.
The re-run elections were duly conducted in the various states at various dates in 2008, which the candidates again won resulting in their taking another set of Oaths of Allegiance and Office and were installed as Governors on the following various dates:-
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a
Admiral M. Nyako of Adamawa State - 30/4/2008,
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b
Timipre Sylva of Bayelsa State - 29/5/2008,
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c
Ibrahim Idris of Kogi state - 5/4/2008,
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d
Aliyu Wamako of Sokoto State - 28/5/2008, and
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e
Mr. Liyel Imoke of Cross Rivers State - 28/8/2008
The question arising from the above stated events revolves around the two (2) sets of Oaths of Allegiance and of Office and installation in office of Governor and is simply put: Whether the term of office of each of these Governors expired at the end of four (4) years calculated from 29th May, 2007, or whether they are entitled to a tenure of four (4) years calculated from the date of the second taking of the Oaths of Allegiance and of Office following the re-run elections of 2008.
The lower Courts held that the relevant point at which the four (4) year tenure of the Governors is to be calculated is the date they took their second Oaths of Allegiance and of Office in 2008.
The instant consolidated appeals are against the above decision of the lower Courts.
