IT IS A CASE OF (DIS)QUALIFICATION, NOT REMOVAL OF A GOVERNOR
-Achinike Wobodo
I have read some arguments made by colleagues in the practice of law, those who contend that the Federal High Court was wrong in sacking a Governor who was no longer qualified for the office of governor which he occupied. They rely on section 188 of CFRN which deals with the removal of a Governor. With due respect, they seem not to appreciate the real issue in controversy.
The case is not that of removal of a governor simpliciter, but one bothering on the (dis)qualification of a Governor to continue and remain in that office.
S.177(c) of CFRN, provides that for a person to be qualified to be elected as governor, he must be a member of a political party and MUST BE SPONSORED BY THAT POLITICAL PARTY. Please, kindly underscore the modifying adjective: THAT.
Yes, a governor who has defected is a member of a political party (his new political party), but was (is) he sponsored to that office by his new political party? The answer is NO. Is he a member of “THAT POLITICAL PARTY” that sponsored him? Also, the answer is NO. Not being a member of “that political party” that sponsored him, is such a governor still qualified and entitled to protection from our constitution? I think the answer ought to be NO.
Supposing our courts legalise and legitimise this absurdity called defected by Executive arm of government from a political party that won an election to a political party that lost that election and to still retains office; and suppose a Governor defects and the Deputy Governor refuses to defect with him (as was the case in Sokoto State in 2018), you would have a situation where the Governor is of Party “A” and the Deputy is of Party “B”, both administering the state at same time. Would that also be acceptable and within the contemplation of our Constitution?
Did not the Supreme Court of Nigeria expressly deprecate this kind of conduct and situation (by the then Vice President Atiku Abubakar) in case of AGF vs Atiku Abubakar & Ors, which the proponents of “a governor-can-defect” wrongfully rely upon?
May I even ask some innocuous questions. For a Governor who has defected, under which political party does his name remain in INEC, the new political party or the “abandoned and not good enough” political party? Does INEC reissue such a governor with a New Certificate of Return (CoR), and in the name of the new political party to which he has defected (a party that lost the election), and if so, under which law? And if INEC does not reissue CoR, under which provision of our laws is a Governor entitled to membership of two political parties at the same time? Member of “Party A” in the records of the Electoral Commission (INEC) and member of “Party B” in the eyes of the public.
My candid advice to Nigerians and the electorates is that whenever our Courts exhibit exceptional courage in the discharge of their constitutional duty of protecting our Constitution, they ought to be applauded and not condemned. On this note, I commend Professor Itsa Sagey for his prompt support for the supremacy of our Constitution.
I have made it clear, that I have reservations about the Order directing PDP to forward names to INEC. That order in my view is not supported by law. The proper order (supported by S.191(1) & (2) of the Constitution, 1999 and S.140(2) of the Electoral Act 2011 (as amended) (the applicable law at the time) ought to be one directing INEC to conduct a bye-election to elect a governor and a deputy governor to complete the unexpired residue of the tenure.
I am yet to find (after deliberate research) any constitution in the world where the executive arm is allowed to defect from a political party that won an election to a political party that lost that election and and still retains the victory. It is electoral fraud and deceit on the electorates.
Finally, this should not be about partisanship or “stomach infrastructure”, it is about our Constitution and Democracy, and our loyalty should be first to our Constitution. This is for those calling me out on my standpoint. I am proudly APC, functioning under the Rule of Law and for the ultimate benefit of Nigeria
I stand with the Constitution and on my conviction; you may stand on whatever pleases you, but you must stand for something.
Long Live FRN.
Achinike William-Wobodo
Lawyer & Advocate; He initiated the Advocacy on Unconstitutionality and Illegality of Governor’s Defection to another political party whilst still retaining his position.
