Peter Obi V Inec (2008)

LAWGLOBAL HUB Lead Judgment Report

KATSINA-ALU, JSC

This is an appeal against the judgment of the Court below given on 22 May 2007. The Court below had affirmed the judgment of the Federal High Court which declined jurisdiction in the matter on the ground that only the Election Tribunal could entertain same.

I have read the proceedings of the two courts below and adverted my mind fully to the nature of the appellant’s case. I have also given consideration to the arguments of counsel in their written brief and their oral argument. It is my firm view that what plaintiff/appellant had sought by his claim was the true interpretation of section 180(2)(a) of the 1999 Constitution. The court under the 1999 Constitution and in particular section 251(l)(q) and (r) has the jurisdiction to interpret any provision of the Constitution or the law. It is therefore my view that the court below was wrong to hold that this was an election matter under section 285 of the 1999 Constitution. I therefore allow the appeal on jurisdiction.

In the interest of justice and having regard to the fact that the relevant facts in this matter are not in dispute, I ought to proceed to exercise the power vested in this Court under section 22 of the Supreme Court Act. Let me reiterate that the only relevant fact is the date when the plaintiff/appellant took his oath of allegiance and oath of office which is 17 March 2006. Happily the said provision is very clear and explicit and all I need do is to apply it. The provision reads:

“180-(2) Subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the expiration of a period of four years commencing from the date when –

(a) in the case of a person first elected as Governor under this Constitution, he took the oath of allegiance and oath of office;”

There being no dispute on the fact that plaintiff/appellant took his oath of allegiance and oath of office on 17 March 2006 his term of office will expire on: 17 March 2010.

I now consider the orders to make. The plaintiff/appellant had in his claim before the High Court sought both declaratory and injunctive reliefs directed at protecting his four year term of office . In its effect, the claim is another way that his term of office extends beyond May 29, 2007. However the 1st Respondent inspite of its awareness that the case was still pending in court went on to conduct the purported election.

This court and indeed any court ought not to permit its processes to be treated with disdain. I therefore have the duty to ensure that plaintiff/appellant’s appeal is not rendered nugatory. I therefore make the following declaration and order–

That the office of Governor of Anambra State was not vacant as at 29 May 2007.

It is ordered that the 5th Respondent Dr. Andy Uba should vacate the office of the Governor of Anambra State with immediate effect to enable the plaintiff/appellant Mr. Peter Obi to exhaust his term of office.

I will give my full reasons on 13-7-07.

SC. 123 / 2007