Hello Political Analysts of Nairaland.

I got the news about the recent stepdown of Ribadu and many other contestants for the Adamawa gubernatorial elections, and I am really confused about the reason why there will be another election in Adamawa next year 2015 instead of in four years time 2018.

The governor was impeached, the deputy resigned; thus continuation of their joint mandate has been terminated. The acting governor also the Speaker of Adamawa HA can only stay in office for three months; consequently, the need for the elections in 2014. Constitutionally, an elected Governor must govern for four years unless he/she is impeached, he/she resigns, or he/she dies in office.

Based on the news, I understand that there will be another election next year for the same position.

1. I wish to know why there will be elections for Adamawa governorship position twice in less than one year without any impeachment, resignation or death of the governor?
2. Is this supported by our constitution?
3. Is this not a waste of monetary and human resources by INEC?
4. Would the governor elected in 2014 not claim that his/her mandate is being violated if another election holds next year?


I'm really confused. Please guys let's discuss this issue.

I must confess I am also lost on this one

saintneo: Hello Political Analysts of Nairaland.

I got the news about the recent stepdown of Ribadu and many other contestants for the Adamawa gubernatorial elections, and I am really confused about the reason why there will be another election in Adamawa next year 2015 instead of in four years time 2018.

The governor was impeached, the deputy resigned; thus continuation of their joint mandate has been terminated. The acting governor also the Speaker of Adamawa HA can only stay in office for three months; consequently, the need for the elections in 2014. Constitutionally, an elected Governor must govern for four years unless he/she is impeached, he/she resigns, or he/she dies in office.

Based on the news, I understand that there will be another election next year for the same position.

1. I wish to know why there will be elections for Adamawa governorship position twice in less than one year without any impeachment, resignation or death of the governor?
2. Is this supported by our constitution?
3. Is this not a waste of monetary and human resources by INEC?
4. Would the governor elected in 2014 not claim that his/her mandate is being violated if another election holds next year?


I'm really confused. Please guys let's discuss this issue.

Our Electoral Laws has been modified. When a governor and deputy are impeached, a Bye Election (and not main election) is conducted. Thus since it's a bye election, whoever wins only completes the tenure of the impeached governor. When the tenure expires, a fresh election is conducted.

This modification was done to prevent further skewing of the handover date (May 29) for the winners of gubernatorial elections.

So to answer your questions:

Qxn 1: Yes

Qxn 2: Yes, the Electoral Act was modified to ensure this

Qxn 3: It's double expenses quite alright but it needs to be done to ensure the handover date is not further skewed

Qxn 4: Whoever that is elected is aware that he's only completing the tenure of the impeached governor. Thus he won't claim anything.

Obinoscopy: Our Electoral Laws has been modified. When a governor and deputy are impeached, a Bye Election (and not main election) is conducted. Thus since it's a bye election, whoever wins only completes the tenure of the impeached governor. When the tenure expires, a fresh election is conducted.

This modification was done to prevent further skewing of the handover date (May 29) for the winners of gubernatorial elections.

So to answer your questions:

Qxn 1: Yes

Qxn 2: Yes, the Electoral Act was modified to ensure this

Qxn 3: It's double expenses quite alright but it needs to be done to ensure the handover date is not further skewed

Qxn 4: Whoever that is elected is aware that he's only completing the tenure of the impeached governor. Thus he won't claim anything.

Thanks.




I think skewed dates should be immaterial. The law that was created to enable BYE-ELECTIONS is wrong. Moreover, the security of Nigeria is always over stretched as a result of multiple elections in all states of the federation conducted at the same time. I believe law should be revisited.

Obinoscopy: Our Electoral Laws has been modified. When a governor and deputy are impeached, a Bye Election (and not main election) is conducted. Thus since it's a bye election, whoever wins only completes the tenure of the impeached governor. When the tenure expires, a fresh election is conducted.

This modification was done to prevent further skewing of the handover date (May 29) for the winners of gubernatorial elections.

So to answer your questions:

Qxn 1: Yes

Qxn 2: Yes, the Electoral Act was modified to ensure this

Qxn 3: It's double expenses quite alright but it needs to be done to ensure the handover date is not further skewed

Qxn 4: Whoever that is elected is aware that he's only completing the tenure of the impeached governor. Thus he won't claim anything.

Thanks.

A further question: Will anyone who emerges as governor for the six-month period up to 2015 be eligible for two more terms in office or just one?

HNosegbe: Thanks.

A further question: Will anyone who emerges as governor for the six-month period up to 2015 be eligible for two more terms in office or just one?

The winner will be eligible. That is what Jonathan is muscling through in the various court cases that went to his favour. Our constitution is actually silent on that. So the court are left to interpret it. So after President Jonathan completed his tenure for President Yar'Adua, he now have eligibility to two additional tenure.

But going by the news, PDP are trying to have an internal Party arrangement that will discourage those PDP candidates that contest now not contest in 2015. But the constitution empowers the Governor to proceed if he choose to ignore the agreement like Jonathan did.

egift:

The winner will be eligible. That is what Jonathan is muscling through in the various court cases that went to his favour. Our constitution is actually silent on that. So the court are left to interpret it. So after President Jonathan completed his tenure for President Yar'Adua, he now have eligibility to two additional tenure.

But going by the news, PDP are trying to have an internal Party arrangement that will discourage those PDP candidates that contest now not contest in 2015. But the constitution empowers the Governor to proceed if he choose to ignore the agreement like Jonathan did.

Exactly my thoughts.

Adamawa will be in some deepshit next year. Bending the rules will never work. We need to understand the first principle.

Why would a politician contest for an election to which he/she will be contesting again in less than four years?
A lot of financial muscle is needed in gubernatorial elections. Why the waste of money?
Also, what do we expect of a 6 month governor except looting and abuse office?
Furthermore, what would be the agenda of a 6month governor?
What will he/she achieve in such a limited time?

This is complete lack of continuity.

The bills of the Senators & Congressmen should be properly revised before been past into law. This BYE-ELECTIONS law is totally flawed.

egift:

The winner will be eligible. That is what Jonathan is muscling through in the various court cases that went to his favour. Our constitution is actually silent on that. So the court are left to interpret it. So after President Jonathan completed his tenure for President Yar'Adua, he now have eligibility to two additional tenure.

But going by the news, PDP are trying to have an internal Party arrangement that will discourage those PDP candidates that contest now not contest in 2015. But the constitution empowers the Governor to proceed if he choose to ignore the agreement like Jonathan did.

@the bold: I also thought so too but according to the 1999 Constitution as amended section 182, subsection 1(b) which states:

"No person shall be qualified for election to the office of Governor of a state if he has been elected to such office at any two previous elections"

Thus if the winner of this 2014 bye-election contests and wins the 2015 general elections, he will be ineligible for the 2019 general elections since he has been elected as Governor on two previous elections.

Jonathan's case is different because he has only been ELECTED once.

HNosegbe:

Thanks.

A further question: Will anyone who emerges as governor for the six-month period up to 2015 be eligible for two more terms in office or just one?

No he won't be eligible for two more terms. He may only seek re-election one more time. This is based on Section 182 subsection 1(b) of the 1999 constitution as amended. See my reply to egift above for more clarity.

Obinoscopy: Our Electoral Laws has been modified. When a governor and deputy are impeached, a Bye Election (and not main election) is conducted. Thus since it's a bye election, whoever wins only completes the tenure of the impeached governor. When the tenure expires, a fresh election is conducted.

This modification was done to prevent further skewing of the handover date (May 29) for the winners of gubernatorial elections.

So to answer your questions:

Qxn 1: Yes

Qxn 2: Yes, the Electoral Act was modified to ensure this

Qxn 3: It's double expenses quite alright but it needs to be done to ensure the handover date is not further skewed

Qxn 4: Whoever that is elected is aware that he's only completing the tenure of the impeached governor. Thus he won't claim anything.

You are so wrong.There was/had been no modification of Electoral laws,it has been so constitutionally since the advent of this republic.The Speaker is expected to hold the office of Acting Governor of a state for 3 months,if the office becomes vacant by reason of death,resignation,incapacitation,impeachment or any other reason,of the office holder,at a period when the office of the Deputy Governor is also vacant.Elections are expected to hold within that 3 months to fill said vacant posts n winners of said election serve out what remains of the term of the previous office holder.
"191. (1) The Deputy Governor of a
State shall hold the office of
Governor of the State if the office
of Governor becomes vacant by
reason of death, resignation,
impeachment, permanent incapacity
or removal of the governor from
office for any other reason in
accordance with section 188 or 189
of this constitution.
(2) Where any vacancy occurs in
the circumstances mentioned in
subsection (1) of this section
during a period when the office
of Deputy Governor of the State
is also vacant, the Speaker of
the House of Assembly of the
State shall hold the office of
Governor of the State for a
period of not more than three
months, during which there shall
be an election of a new
Governor of the State who shall
hold office for the unexpired
term of office of the last holder
of the office."
http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
Same thing holds true for the office of the President if it becomes vacant during a period when the office of the Vice President is also vacant.To wit:
"146. (1) The Vice-President shall
hold the office of President if the
office of President becomes vacant
by reason of death or resignation,
impeachment, permanent incapacity
or the removal of the President
from office for any other reason in
accordance with section 143 of this
Constitution.
(2) Where any vacancy occurs in
the circumstances mentioned in
subsection (1) of this section
during a period when the office
of Vice-President is also vacant,
the President of the Senate shall
hold the office of President for a
period of not more than three
months, during which there shall
be an election of a new
President, who shall hold office
for the unexpired term of office
of the last holder of the office."

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm

@HNosegbe,I thought u are a lawyer.U ought to have known all this.

HNosegbe:

Thanks.

A further question: Will anyone who emerges as governor for the six-month period up to 2015 be eligible for two more terms in office or just one?

Yes he will be eligible for a fresh 2 more terms

modhream:
You are so wrong.There was/had been no modification of Electoral laws,it has been so constitutionally since the advent of this republic.The Speaker is expected to hold the office of Acting Governor of a state for 3 months,if the office becomes vacant by reason of death,resignation,incapacitation,impeachment or any other reason,of the office holder,at a period when the office of the Deputy Governor is also vacant.Elections are expected to hold within that 3 months to fill said vacant posts n winners of said election serve out what remains of the term of the previous office holder.Same thing holds true for the office of the President if it becomes vacant during a period when the office of the Vice President is also vacant.
Busy now,but will post relevant sections of the Constitution that laid these out.
@HNosegbe,I thought u are a lawyer.U ought to have known all this.

I think you missed this one mate

Obinoscopy: No he won't be eligible for two more terms. He may only seek re-election one more time. This is based on Section 182 subsection 1(b) of the 1999 constitution as amended. See my reply to egift above for more clarity.

Obinoscopy you are so wrong. A term signifies 4 years starting from the day the Governor took oath of office. A Candidate is eligible for not more than 2 terms ie 8 FULL years either c consecutively of 4years per time. The bye-election DO NOT COUNT. The Bye-election is to complete the Term of Nyako's government.

modhream:
You are so wrong.There was/had been no modification of Electoral laws,it has been so constitutionally since the advent of this republic.The Speaker is expected to hold the office of Acting Governor of a state for 3 months,if the office becomes vacant by reason of death,resignation,incapacitation,impeachment or any other reason,of the office holder,at a period when the office of the Deputy Governor is also vacant.Elections are expected to hold within that 3 months to fill said vacant posts n winners of said election serve out what remains of the term of the previous office holder.Same thing holds true for the office of the President if it becomes vacant during a period when the office of the Vice President is also vacant.
Busy now,but will post relevant sections of the Constitution that laid these out.
@HNosegbe,I thought u are a lawyer.U ought to have known all this.

You missed my point. We're essentially saying the same thing.

And you're wrong about the electoral act, it has been amended several times.

barcanista: Obinoscopy you are so wrong. A term signifies 4 years starting from the day the Governor took oath of office. A Candidate is eligible for not more than 2 terms ie 8 FULL years either c consecutively of 4years per time. The bye-election DO NOT COUNT. The Bye-election is to complete the Term of Nyako's government.

Really? So where in the constitution is it said that a bye-election doesn't count as an election? Also can you interprete the1999 Constitution as amended section 182, subsection 1(b) which states:

"No person shall be qualified for election to the office of Governor of a state if he has been elected to such office at any two previous elections"

Please emphasis should be placed on explaining what ELECTED as used in the bolded mean.

Regards

saintneo:

I think you missed this one mate

Get off ur lazy-ass,get the Constitution,read and be informed.Stop making a show of ur ignorance here.

Obinoscopy: You missed my point. We're essentially saying the same thing.

And you're wrong about the electoral act, it has been amended several times.

It's you who actually missed mine.This is not a question of the Electoral Act,it is n has always been a Constitutional question.Section 191(2) has not been amended at any time

barcanista: Obinoscopy you are so wrong. A term signifies 4 years starting from the day the Governor took oath of office. A Candidate is eligible for not more than 2 terms ie 8 FULL years either c consecutively of 4years per time. The bye-election DO NOT COUNT. The Bye-election is to complete the Term of Nyako's government.

A bye-election,run-off or rerun elections all counts.No one who gains executive office through an election is expected to hold office for more than 8years,whether consecutive or not.So said the Supreme Court in the case of INEC v Timipre Silva,Wammako n Ors.

modhream:

@HNosegbe,I thought u are a lawyer.U ought to have known all this.

Me? Lawyer? Who dash me na?

modhream:
It's you who actually missed mine.This is not a question of the Electoral Act,it is n has always been a Constitutional question.Section 191(2) has not been amended at any time

I never said section 191 constitution was amended. I only said electoral laws (Electoral Act inclusive) were amended to ensure that handover date wasn't skewed. I can't remember the particular section but I know that some governors whose elections were annulled and re-conducted based on orders from election tribunal couldn't enjoy tenure elongation because a section of the constitution was amended to prevent such.

modhream:
A bye-election,run-off or rerun elections all counts.No one who gains executive office through an election is expected to hold office for more than 8years,whether consecutive or not.So said the Supreme Court in the case of INEC v Timipre Silva,Wammako n Ors.

You are wrong Sir. The case btw Inec and Silva/Wammako/Nyako does not apply here but the case btw Inec vs Peter Obi in 2007.
Meanwhile a bye-election is different from re-run/runoff(the constitution is the guide).
Timpire Sylva etal assumed office in 2007, INEC erred by not holding election for the respective 5 states in 2011 with excuse that they were resworn in in 2008. According to constitution, A term starts fromm the 1st day of assuming office. Bye-election/deputy succeeding boss etc doesn't count

Obinoscopy: I never said section 191 constitution was amended. I only said electoral laws (Electoral Act inclusive) were amended to ensure that handover date wasn't skewed. I can't remember the particular section but I know that some governors whose elections were annulled and re-conducted based on orders from election tribunal couldn't enjoy tenure elongation because a section of the constitution was amended to prevent such.

There was no Constitutional amendment,only the Supreme Court's interpretation of existing constitutional provisions.That's the case of INEC v Silva n 4 ors.
No executive office holder is expected to stay in office for more than 8years,whether he serves two consecutive terms or not.Only Ibrahim Idris of Kogi state did by some few months.That's by the way.
The ruling was not cos of any amendment or handover date,but in order not to set a precedent of office holders perpetuating themselves in office by engineering rerun elections thru whatever means.

barcanista: You are wrong Sir. The case btw Inec and Silva/Wammako/Nyako does not apply here but the case btw Inec vs Peter Obi in 2007.

The case between inec n Peter Obi was about tenure interpretation for a "first elected governor".
The Nyako,Silva n Ors case was about tenure elongation thru rerun elections n applies here.
Even taking the two cases together,a first elected governor,whether by bye-election or rerun is only entitled to another election,translating to another term,from the day he takes the oath of office.See Section 182(1)b again.

modhream:
There was no Constitutional amendment,only the Supreme Court's interpretation of existing constitutional provisions.That's the case of INEC v Silva n 4 ors.
No executive office holder is expected to stay in office for more than 8years,whether he serves two consecutive terms or not.Only Ibrahim Idris of Kogi state did by some few months.That's by the way.
The ruling was cos of any amendment or handover date,but in order not to set a precedent of office holders perpetuating themselves in office by engineering rerun elections thru whatever means.

My friend stop misleading people. A rerun is different from byelection. The 5 governors were sacked because they 1st Swore Oath in 2007 for a Fresh term. Inec failed not to hold election in 2011 for their seats. The court sacked them in 2012 because their term has ended in 2011 having first start the term in 2007

modhream:
The case between inec n Peter Obi was about tenure interpretation for a "first elected governor".
The Nyako,Silva n Ors case was about tenure elongation thru rerun elections n applies here.
Even taking the two cases together,a first elected governor,whether by bye-election or rerun is only entitled to another election,translating to another term,from the day he takes the oath of office.See Section 182(1)b again.

my friend stop arguing blindly. Rerun is different from bye-election. You don't know the meaning of TERM. It means 4 YEARS frm the first day.
In a byeelection the elected official fills the vacancy left and "COMPLETES" the tenure of the last office holder. I'm using my phone otherwise I'd given you relevant section.
In obi's case, his seat was contested for in 2007, he went to court that his 4 years ends 2010 but inec argued that ngige helped him enjoyed 3years. The court said his Term starts from 2006 as it was the 1st day that he took oat of office.

barcanista: My friend stop misleading people. A rerun is different from byelection. The 5 governors were sacked because they 1st Swore Oath in 2007 for a Fresh term. Inec failed not to hold election in 2011 for their seats. The court sacked them in 2012 because their term has ended in 2011 having first start the term in 2007

How am I misleading people?.I am backing up my assertions with constitutional provisions and case law,while u brought nada to the table.
A bye-election is an election n there's no special provision treating it's outcome different from others,save that they complete the term of office that is yet to be completed.A deputy succeeding his boss does not stand for election.Again,I direct u to the language of Section 182(1)b.That term,"first elected" is very important.I think it's what u overlook,hence ur confusion.
Btw,I'm using my phone here too.Citing that for ur inability to back up ur wrongful assertions does not hold water.

barcanista: You are wrong Sir. The case btw Inec and Silva/Wammako/Nyako does not apply here but the case btw Inec vs Peter Obi in 2007.
Meanwhile a bye-election is different from re-run/runoff (the constitution is the guide).
Timpire Sylva etal assumed office in 2007, INEC erred by not holding election for the respective 5 states in 2011 with excuse that they were resworn in in 2008. According to constitution, A term starts fromm the 1st day of assuming office. Bye-election/deputy succeeding boss etc doesn't count

Bye-election, re-run election, run-off election are all elections. What differs is the circumstances preceding it. Please I need you to answer my question. Interpret section 182, 1(b) for us, with emphasis on what the word ELECTION as used there means.

You keep on saying the constitution is your guide but you've not quoted any.

Obinoscopy: Bye-election, re-run election, run-off election are all elections. What differs is the circumstances preceding it. Please I need you to answer my question. Interpret section 182, 1(b) for us, with emphasis on what the word ELECTION as used there means.

No Sir, the 3 are completely different.
Bye-election is to fill the vacancy left by the last office holder who for some reasons left his seat without continuing his tenure.

Re-run election is held after a first election was vetoed by the cort in part or full. Nobody has an existing term to complete here

Main election I am sure you know. The 3 are completely different

Let me get relevant sections pls brb

Waiting

Still waiting for those "relevant sections" @barcanista.

Section180.

(1) subject to the provisions of this Constitution, a Tenure of office
person shall hold the office of Governor of a State until - Governor.

(a) When his successor in office takes the oath of that office; or
(b) he dies whilst holding such office; or

(c) the date when his resignation from office takes effect; or

(d) he otherwise ceases to hold office in accordance with the provisions of this constitution.

(2) Subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the expiration of period of four years commencing from the date when -

(a) in the case of a person first elected as Governor under this Constitution, he took the Oath of Allegiance and oath of office; and
(b) the person last elected to that office took the Oath of Allegiance and oath of office or would, but for his death, have taken such oaths.