Kogi governor sues INEC, PDP over tenure
The governor of Kogi State, Ibrahim Idris, on
Thursday filed a lawsuit against the Independent National Electoral
Commission (INEC), seeking to stop the electoral body from holding
governorship election in the state next year.
Mr Idris is asking a Federal High Court in Abuja to
prevent the commission from holding elections for his seat until April
5, 2012. He joined his party, the Peoples Democratic Party, as
defendant in the case.
Tenure elongation
Last month, INEC announced that the tenures of
governors who were re-elected after their 2007 elections were cut short
by tribunals will end on May 29, 2011. Mr. Idris is one of five
governors who fall into the category. Others are the governors of
Ekiti, Adamawa, Bayelsa, and Cross River.
In the originating summons filed by Mr. Idris’
counsel, Lateef Fagbemi, the lawyer said “since he (Idris) was elected
to the office of Governor of Kogi State in a fresh election conducted
by INEC and took Oath of Allegiance and Oath of Office on 5th April,
2008, there would be no room for election until 2012”.
INEC is the first defendant in the suit while PDP is second defendant.
Mr. Idris’ action was commenced upon the expiration
of an ultimatum issued to INEC in a letter written by his counsel
asking it to discontinue any step towards conducting an election for
the governorship seat in Kogi State which it has scheduled for January
2011.
Specifically, he cited the provision of Section 180
(2) of the 1999 Constitution, providing for a – four year tenure of
office for a governor from the day he took the Oath of office and Oath
of Allegiance as the sacrosanct provision of the law which cannot be
abridged or ignored.
He is also praying the court for “an order of
injunction restraining the PDP, whether by itself, its agents, servants
or privies, or whosoever and howsoever defined or called from releasing
guidelines / timetable and from conducting primaries or putting
machinery into motion or from taking any decision on candidates(s) to
contest Governorship Election in Kogi State on the platform of PDP
against January, 2011.”
Matter of interpretation
Mr. Fagbemi wants the court to resolve the questions
in the governor’s favour, consequently declare that his tenure would
run until April 5, 2012 and that INEC was incompetent to abridge his
four year tenure by conducting any election into the office while his
tenure subsists.
He wants the court to declare that INEC cannot
conduct any election into the Kogi State Governorship election earlier
than sixty days before Idris’ terminal date of April 5, 2012.
No date has been fixed for hearing of the matter, as it has not been assign to any Judge.
The National Executive Committee of the PDP met on
Wednesday and ratified the guidelines for the party primaries for all
elective offices. The NEC also ratified the fees to be paid for
expression of interest/ nomination fees by aspirants.
Special congresses election at state assembly
constituencies hold nationwide on October 2, 2010, while the run-off if
any is slated to hold on October 4, 2010.
Electoral appeals arising from the exercise hold on October 5, 2010.
A gubernatorial primary is to hold from October 6-8, 2010. On
October 6, 2010 there will be special congresses (Primary Elections)
and LGAs in senatorial district 1. On October 7, 2010, it will be the
turn of LGAs in North or West 2, while on October 8, 2010, LGAs it will
hold in senatorial district 3. Electoral appeals is fixed for October
10, 2010.
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