15th February 2020,
HUMAN RIGHTS UPDATE:
In 1999, after the election of Alhaji Atiku Abubakar as the governor
of Adamawa State, he was nominated by the ruling “Peoples Democratic
Party” (PDP) to run as Vice presidential candidate to President
Olusegun Obasanjo.
It should be noted that Atiku and the Deputy governor Boni Haruna had
already been elected as governor and deputy governor respectively of
Adamawa State before Atiku abandoned his position to run as Vice president.
The Independent National Electoral Commission (INEC) wrote
to Alhaji Atiku Abubakar that the position of governor elect of
Adamawa has become vacant by the acceptance of Atiku to become the
running mate of Chief Olusegun Obasanjo.
The Independent National Electoral Commission (INEC) planned to organize
a fresh election in Adamawa State which led to the institution of a
suit by the Peoples Democratic Party at the Federal High Court Abuja.
In an appeal to the Supreme Court, it was called upon to determine
whether the fact that the governor elect abandoned its position
automatically affects the rights and position of Deputy Governor elect
of Adamawa. That was the scenario in the case PDP & ANOR V. INEC V.
OTHERS (1999) LPELR 24856 (SC). The Supreme Court unequivocally stated
that once elected, even though on the same ticket as the
Governor-elect, the Deputy-Governor-elect becomes sui generis.
The Court further states thus: “As shown earlier on, the second
appellant was elected together with Alhaji Atiku Abubakar as Deputy
Governor. By Section 40 of Decree No 3 of 1999 “There shall be for
each State of the Federation a Deputy Governor”. This provision
emphasises the fact that the office of Deputy-Governor is not simply
an appendage to that of the Governor. Once elected, even though on the
same ticket as the Governor-elect, the Deputy-Governor-elect becomes
sui generis. Section 40 emphatically preserves the office of
Deputy-Governor-elect as independent of the office of Governor-elect;
hence the provisions in Section 37 subsection (1) of Decree No 3 of
1999 which states that when a Governor-elect “dies” the Deputy
Governor-elect should succeed him. The Decree does not provide that
when the Governor-elect “dies” the Deputy Governor elect also
automatically “dies” with him.” Per Uwais CJN at Page 29 para B-E.
A careful reading of this judgment shows that the law protects the
offices of Governor elect and Deputy Governor elect. Any misfortune
that affects one does not automatically extinguishes the rights and
position of the other.
It is unfortunate that the same Supreme Court could not remember that
it ever made a landmark decision that would have guided it in arriving
at a decision on the governorship election of Bayelsa State. The
senior lawyers who appeared before the court never remind the Court of
its’ earlier decision and the need for the Supreme Court to state its’
reasons from departing from this decision.
It is unfortunate that decisions in Nigerian Courts are now being more
guided based on public opinion and reasoning of individual judges. The
doctrine of judicial precedent and sound judgment based on judicial
authorities is gradually going into extinct thereby making the future
perilous for our legal system.
We advice the affected parties to still approach the apex court and
urged it to follow the sound judgment made by the Court in PDP & ANOR
V. INEC & OTHERS (Supra).
For: Civil Rights Realisation & Advancement Network (CRRAN):
…………………………………….
Olu Omotayo Esq.
President