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Judgment on the
tenure of the governor of Delta State, Emmanuel Uduaghan, was not
delivered yesterday, as the presiding judge of the Federal High Court
in Asaba, Justice Ibrahim Buba said he was not comfortable in the
courtroom.

The judge, who was
sweating profusely, said: “I cannot deliver judgment in this situation.
The court is not conducive; it is too hot.”

For three days now,
the Power Holding Company of Nigeria (PHCN) has failed to supply power
to Asaba metropolis. The lack of electricity led to unbearable
temperature in the courtroom. As at press time, it could not be
ascertained whether the court had no generating set or there was no
fuel to power it.

Justice Buba had,
last week, fixed his judgment for yesterday, having listened to the
arguments of the counsel to both parties in the matter.

Mr. Uduaghan is in court to seek explanation on the constitutional tenure of his administration.

His counsel, Alex
Iziyon had told the court that his client has a four-year tenure from
the day he was sworn in as the winner of the Court of Appeal ordered
re-run election.

He averred that the
court of appeal in Benin had ordered a fresh election and not a re-run,
when the court voided the election that produced Mr. Uduaghan in 2007.

He prayed the court to grant all the reliefs sought by Mr. Uduaghan.

However, Robert
Emukperuo, counsel to Mr. Great Ogboru whose petition ousted Mr
Uduaghan on November 9, last year, urged the court to discountenance
the reliefs, arguing that, “the plaintiff cannot from the 2007 election
have two tenures.” He further argued that “when a rerun is ordered, it
means the same election which cannot have two tenures”.

He also pointed out
that “the amended 1999 constitution commenced operation only on July
16, 2010, before the rerun was conducted under the amended constitution
and 2010 Electoral Act.”

On his part, Mr.
P.O. Wanogho, counsel to Mr. Omo-Agege’s who aligned with Mr. Ogboru’s
counsel, prayed the court to dismiss “without further delay,” Mr.
Uduaghan’s reliefs, including his originating summons.

He insisted before the court that the Electoral Act 2010 was signed into law the day Mr. Uduaghan was sworn in after the rerun.

Counsel to INEC,
Onyechi Ikpeazu, urged the court to quash Mr. Uduaghan’s originating
summon, arguing that “the Supreme Court had already made pronouncement
on a similar matter, involving Bielonwu and INEC.”

Mr Ikpeazu said the governor was sworn in under the new constitution and Electoral Act.