By P. D. Pius
Chief Timipre Sylva was first elected Governor of Bayelsa State in 2007.
- He enjoyed the office for few months from 29th May 2007 to 15th April 2008.
Then his election was nullified by the Court of Appeal and he had to vacate the office. There was an Acting Governor pending fresh election.
- He won the second election that was conducted in 2008. He was sworn into office the second time on 27th May 2008.
In 2011 when INEC said his tenure is over and they will conduct another election, Sylva filed a suit contending that the period of few months he stayed in office upon the 2007 election should not be counted since it was nullified by Court of Appeal and fresh election conducted. That his tenure of office can only be calculated from the 2008 election being the 2nd time he was properly elected.
This case came before the Supreme Court. There were other similar cases from Kogi, Sokoto, and Adamawa. The Supreme Court consolidated or joined the cases together to give one judgment. The judgment is the case of Marwa & Ors vs Nyako (2012) LPELR -7837.
In judgment, the Supreme Court rejected the argument of Sylva that the period of few months he stayed in office based on 2007 election should not be considered. The supreme court decided that even though the 2007 election was nullified the period stayed in office will be counted so long as it is the same person that won the rerun election in 2008. Hence, no one person is permitted to occupy the office of the Governor for a cumulative period of more than 8 years.
Now, the Federal High Court found that when you calculate Sylva’s first tenure of 2007 and the second tenure of 2008, he has spent a cumulative period of 4 years, 6 months and 2 weeks. The Federal High Court then reasoned that since Sylva has specifically lost the argument that his initial few months should not be counted and since no one can be Governor for more than 8 years by the Supreme Court interpretation of section 180 and 182 of CFRN, then Sylva is not qualified to contest again for another 4 years which could mean allowing him to stay in office beyond the maximum 8 years period.
Although this suit was filed by an APC member who is not an aspirant, the Federal High Court found that he has locus standi because it is a serious constitutional issue and a matter of public interest which anyone could have interest. That the case is not caught up by section 285(14) of Constitution or 29 of Electoral Act. This aspect of the decision gives vent to the need to open the door of Courts towards public interest litigation.
You cannot however, wish away the equally strong argument of Sylva in this case, that although he lost the case of Marwa vs Nyako, what the Supreme Court decided in effect is that he has completed one tenure only and is thus entitled to another tenure irrespective of the number of years and month he may have stayed cumulatively in office based on the 2007 and 2008 elections.
This argument is equally convincing but for the fact that, it cannot explain whether this case presents an exception to the maximum 8 years period for any person to be Governor.
I am sure that parties in this case may be going all the way to Supreme Court for a final determination of this case.
Interesting times ahead.
P. D. Pius, Esq., ACIArb. (UK)
Abuja, Nigeria
piusdanba@gmail.com
