As all newly elected officials settle down for business having survived the challenges of electoral contest, Eric Ikhilae examines the case of the Yobe State Governor, Ibrahim Geidam, who is faced with multiple court cases.
Along with other governors, who were victorious at the last governorship election, Ibrahim Geidam of Yobe State took his oath of office on May 29, heralding the commencement of another four years in the saddle.
But, unlike some lucky ones, whose elections are not contested, Ibrahim’s renewed mandate is being attacked on many fronts by his adversaries.
At the last count, not less than three cases have been instituted against his re-election; two pending at the Federal High Court, Abuja, while the others are before the state’s Governorship Election Petition Tribunal, also sitting in Abuja.
While the two before the Federal High Court are challenging his eligibility to contest the last election, the one before the tribunal is querying the outcome of the election.
Geidam was deputy governor to the late Mamman Ali, but assumed the governorship position following the governor’s death in January 2009. He won the 2011 governorship election. Again, he emerged victorious in the April 11, 2015 election as the candidate of the All Progressives Congress (APC).
One of the cases before the election tribunal was instituted by the Peoples Democratic Party (PDP) candidate in the April 11 election, Alhaji Adamu Maina Waziri. He hinged his challenge on the outcome of the election primarily, on allegation of electoral malpractices.
Waziri, a former Minister of Police Affairs, who reportedly told a crowd of supporters after the election results were announced that: “I have not conceded defeat or congratulated Governor Ibrahim Geidam for the simple reason that I have some disputes to settle with the result of the election.” He claimed in his petition, that the INEC’s Resident Electoral Commissioner (REC) in the state was induced three days to the election.
Pending before Justice Ademola Adeniyi of the Federal High Court, Abuja is a suit by Mustapha Yunusa Maihaja, in which he claims that Geidam was also not qualified to have stood for election, having allegedly presented forged academic certificate.
He contended in part, that Geidam presented a school certificate dated December 1969 whereas there was no Borno State Government of Nigeria in existence in 1969 because the Borno state was created February 3, 1976 as Yobe State was created out of Borno State August 27, 1991.
Maihaja further contended that there was no Local Government Education Authority (LEA) in existence as at December 22, 1969 under the North- eastern region, which was the legal entity at that time that purportedly issued the certificate.
He wants the court to declare, among others, that Geidam was not qualified to have contested the 2015 Governorship Election in Yobe State either under the All Progressives Congress (APC) or any other political party.
The plaintiff equally urged the court to nullify and void the nomination of Geidam as the “APC governorship candidate in Yobe State for the 2015 governorship election in the event it agrees with his submissions.
Justice Ademola reserved ruling, last month, in an ex-parte application filed by the plaintiff for leave to serve the governor court processes in the suit, through substituted means.
Maihaja hinged his application on the ground that he had encountered difficulties in his attempt to serve Geidam, as security personnel attached to the governor allegedly made it practically impossible to effect personal service on him.
Two politicians, Ayuba Sabo and Ahmed Abubakar, who were governorship aspirants and members of the All Progressives Congress (APC), like the governor said they have also filed a petition before the tribunal, aside the pre-election case they filed against him before the Federal High Court, Abuja.
The plaintiffs are by the suit, challenging Geidam’s eligibility to contest the April 11 governorship election.
They argued that if Geidam was allowed to contest in the election and declared winner, he would be spending the third term in office, contrary to the provisions of the constitution.
The plaintiffs relied on the provisions of Sections 180(2)(b) and 182(1)(b) 191(1) of the constitution, arguing that Geidam, having taken the oath of office on two occasions, was no longer eligible to contest the April 11 election.
In a supporting affidavit, they averred that with Geidam’s re-election he “will end up spending three terms of a period of 10 years and four months, against the provision of the 1999 Constitution which allows for two terms of a period of eight years, with each term being just four years”.
The plaintiffs, through their counsel, Chief Adeniyi Akintola (SAN), submitted 10 issues for determination.
Their prayers read: “A declaration that having regard to the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) it is not unconstitutional, unlawful, illegal and not permissible for any person to occupy the office of a governor of a state of Nigeria for more than a cumulative and or aggregate period of eight years when it is practicable to hold election into the office of the governor of Yobe State.”
“A declaration that by virtue of section 180(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the tenure of office of Alhaji Ibrahim Gaidam, the 1st defendant herein, as the governor of Yobe State, began on May 29, 2007 when he took the oath of office as the deputy governor alongside the last holder of the office, the late Mamman Ali, thus making his two terms terminable on May, 29, 2015, having won the second term in May 2011.
“An order of injunction restraining the first defendant from contesting or attempting to vie for the office of the governor of Yobe State, or occupying same after 28 May, 2015, when his tenure, compromising two terms of eight years shall by the constitution would have come to an end.
“An order directing the second defendant not to countenance the name of the 1st defendant submitted to it as a candidate in the forthcoming governorship election of Yobe State slated for April 11, 2015.
“An order of perpetual injunction, restraining the first and second defendants, their servants, agents, privies whatsoever or howsoever called, from presenting or accepting as a candidate, for the elections to the office of the governor of Yobe State, the first defendant as an aspirant, having been caught by extant provision of the Constitution with regard to the ‘two previous elections’ limit and two terms of eight years.”
On May 11, Justice Ahmed Mohammed, while ruling on the plaintiff’s ex-parte application for leave for substituted service, ordered that the governor and the Independent National Electoral Commission (defendants) be served through newspaper publication.
The judge also ordered that Geidam and INEC to respond to the suit within seven days after the publication.
There is also a similar suit by a researcher and public affairs analyst, Nkemjika Nkemjika and a politician from Yobe State, Sheik Musa. They argued, in an originating summons, that Geidam exhausted the two-term limit allowed by the Constitution on May 29, 2015 having assumed office in 2009 when the then governor died before the completion of his tenure.
Nkemjika and Musa want the court to declare, among others, that Geidam was not qualified to stand for election under any political party “having regards to the provisions of Section 180 (1) (b) and 180 (2) of the 1999 Constitution as amended to stand for the 2015 Governorship Election in Yobe State either under the platform of the APC or any other political party.”
Geidam and other defendants in the cases were yet to respond as and when filing this report. Time however, will tell if the governor will successfully navigate these legal hurdles.
