Brig. Gen. Mohammed Buba Marwa & Ors. V. Admiral Murtala Nyako & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C

The consolidated appeals arose from the decision of the Court of Appeal, Holden at Abuja, delivered on the 15th day of April, 2011, in which the Court dismissed the consolidated appeal nos. CA/A/113/2011; CA/A/117/2011; CA/A/118/2011; CA/A/119/2011 and CA/A/128/2011 and affirmed the decision of the Federal High Court Holden at Abuja, delivered on 23rd February, 2011.

The facts relevant to the appeals are a fall out of the general election conducted in Nigeria in 2007. The elections included governorship election into the office of governor of the 36 (thirty-six) states of the Federation. The victory of some of the state governors was challenged by other candidates on various grounds ranging from unlawful disqualification, electoral malpractices, to total absence of elections, which, however produced winners.

The following were among the successful governorship candidates whose electoral victories were challenged successfully by their rival candidates:

(i) Admiral Murtala Nyako of Adamawa State.

(ii) Mr. Timipre Sylva of Bayelsa State.

(iii) Mr. Liyel Imoke of Cross River State.

(iv) Alh. Aliyu Wamako of Sokoto State.

(v) Alh. Ibrahim Idris of Kogi State.

Meanwhile and following their electoral victories each of the above candidates were duly installed as Governor of their respective states on the 29th day of May, 2007, after taking the Oaths of Allegiance and of Office.

The election petitions against their declaration as winners of the elections went on up to the Court of Appeal where the elections of the five governors, supra, were nullified after they had each spent more than a year in the office as Governors.

The Independent National Electoral Commission (INEC) was ordered to conduct a re-run election in all these states within ninety (90) days as required by law.

The re-run elections were duly conducted in the various states at various dates in 2008, which the candidates again won resulting in their taking another set of Oaths of Allegiance and Office and were installed as Governors on the following various dates:-

(a) Admiral M. Nyako of Adamawa State – 30/4/2008,