The entire Ekiti State erupted into wild
jubilation yesterday as the Supreme Court, in a unanimous decision, declined
jurisdiction to entertain the appeal filed by the former governor of Ekiti
State, Mr. Segun Oni, challenging his removal from office.
By
implication, the ruling of the apex court retained Dr. Kayode Fayemi of the
Action Congress of Nigeria (ACN) as the governor of the state.
In the
ruling read by Justice Sylvester Ngwuta, the apex court held that the issue
brought by Oni emanated from the Governorship Election Petitions Tribunal,
though he had hinged it on Section 36(1) of the 1999 Constitution.
The court
noted that it was the decision of the lower court, where the election that
brought in Oni was upturned, that prompted the appeal at the Supreme Court; but
supporting the submission of Fayemi, the apex court held that going by Section
246(3) of the constitution, the Court of Appeal should be the last stage for
governorship election issues.
Justice
Ngwuta said: “I am not persuaded by the argument of the appellant’s counsel
that this appeal is anchored on the election petition tribunal. This appeal is
against the ruling of the lower court. The issue is not whether or not the
lower court violated Section 36(1); the issue is whether by Section 246(3),
this court has jurisdiction to entertain this appeal.
“There is
no law by which this court can undertake a task it is not saddled to do. This
court is bound by the doctrine of separation of powers. The court cannot make
laws. By the finality clause, the Court of Appeal is the final bus stop of
election petition cases. The case ought not to have come before us in the first
place.
“This court has no jurisdiction to hear this appeal. It
is accordingly struck out.”
There was wild jubilation in Ado-Ekiti, the
Ekiti State capital, when the news of the judgment filtered into town.
Spontaneous celebrations started at the Government House, which included
fireworks.
People poured into the streets and literally
took over the streets in jubilation. The Chairman of Action Congress of Nigeria
in Ekiti State, Chief Jide Awe, said the judiciary had proved that “the temple
of justice is not meant for frivolous cases.”
Chairman of the Peoples Democratic Party
(PDP) in the state, Mr. Makanjuola Ogundipe, in his reaction, asked rhetorically:
“Who are we to query the judiciary? We accept the verdict as law-abiding
citizens.”
Former governor of the state, Niyi Adebayo,
in a statement also congratulated Fayemi, saying “the victory represents the
voice of Ekiti people, democracy and the rule of law.”
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