Judge Warns Counsel against Indiscriminate Absence from Court

THIS DAY NEWS

 Governor Ibrahim Gaidam

By Tobi Soniyi in Abuja

A Federal High Court in Abuja on Wednesday issued final warning to defence counsel in suit challenging the eligibility of Governor Ibrahim Gaidam of Yobe State.

Two chieftains of the All Progressives Congress (APC) in Yobe State, Ayuba Sabo and Ahmed Abubakar, are challenging Gaidam’s eligibility to contest the April 11 governorship election in the state having already served two terms.

However counsel to Gaidam and the Independent National Electoral Commission (INEC) were absent and no formal letter was written to the judge as provided by the rules.

After plaintiffs’ counsel, Folashade Aofolaju, informed the court that the matter was fixed for hearing, Justice Ahmed Mohammed  warned that he would not “tolerate any further delay on the part of the defendants in this case.”

They hinged their suit, FHC/ABJ/CS/319/15, on the provisions of sections 180(2)(b) and 182(1)(b) 191(1) of the constitution, contending that Gaidam, having taken the oath of office on two previous occasions,  was no longer eligible to contest the April 11 election.

An affidavit filed in support of the suit stated that with Gaidam’s re-election, he “will end up spending three terms of a period of 10 years and four months, as against the provision of the 1999 Constitution, which allows only for two terms of a period of eight years, each term being just four years each.”

The plaintiffs, through their counsel, Chief Adeniyi Akintola, SAN submitted 10 issues for determination.

Part of 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 unconstitutional, unlawful, illegal and not permissible for any person to occupy the office of a governor of a state in 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 1st 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.”

The judge has ordered that fresh hearing notices be served on the defendants. He adjourned the suit to November 3 for hearing.