Nigeria's Appeal Court okays no governorship election in five states
Abuja (WorldStage Newsonline)-- The Court of Appeal sitting in Abuja on Friday dismissed the appeal filed by the Independent National Electoral Commission (INEC) against the decision of an Abuja Federal High Court which declared that there shouldn't be elections in five states (Kogi, Adamawa, Bayelsa, Sokoto and Cross River).
Justice Mohammed Garuba-led panel of five Justices in reaching the conclusion said that the tenure of office of the five governors start from the day they took their second oath of office.
He said that the constitution provided that a governor shall vacate office at the end of a four-year tunure starting from the day he took the aoth of office.
Acording to Justice Umar, the oath of office taken by the governors in May 29th, 2007 can no longer stand since the elections were nullified and a fresh one ordered by the court of appeal.
Justice Adamu Bello of the high court held in his judgment that INEC should not conduct governorship elections in five states.
INEC is challenging the judgement of the High Court which granted tenure extension to five governors.
The governors are Ibrahim Idris (kogi), Muritala Nyako (Adamawa), Timipre Sylva (Bayelsa), Aliyu Wamako (Sokoto) and Liyel Imoke (Cross Rover).
Delivering consolidated judgement in their suits, Justice Bello had ruled that the tenure of the governors started in 2008 when they took a fresh Oath of Allegiance and Oath of Office after their victories in the rerun elections conducted by INEC.
The rerun elections were conducted by INEC after Appeal Courts nullified their victories in the April 14, 2007 general elections.
The Judge held that since the 2007 elections were nullified and set aside by competent courts, the oaths of office and allegiance subsribed to by the governors had been nullified.
But INEC is contending that the Judge erred in law by holding that the tenure of the governors started from the day they took the oath of office the second time.
In his judgment which laster for more than two hours after counsel in the matter made their submission, Justice Umar said, ''The provision of the constitution says that the governor shall leave at the end of a four-year tenure starting from the day he took the oath of office. This clear and unambiguous provision should be given its plain and ordinary meaning. Whichever way it is looked at, it would still maintain its plain and ordinary meaning. Only the oath of allegiance taking after an election conducted within the provision of the constitution can be said to be valid. Once an action is nullified, in the eye of the law, it is seen that it has never taking place.
Tenure Of Office Act - News
He received 300 applications during the first 50 days of his tenure in office, 50 of which were satisfied. According to Karen Andreasyan's assessment, most of the applications are outside his competence. The Ombudsman specified in which cases the Human
But INEC is contending that the Judge erred in law by holding that the tenure of the governors started from the day they took the oath of office the second time. In his judgment which laster for more than two hours after counsel in the matter made
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Joseph Muscat strived from the very beginning of his tenure of office as leader (I actually wrote leaser but then corrected it) of the Labour Party to portray himself as moderate and progressive. Further, he also strived to distance himself from his
Constituting America » Blog Archive » April 25, 2011 – Article II ...
Article II, Section 1, Clause 8
8: Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
When a new duke was installed in the old Republic of Venice, he took a prescribed oath of office that included a list of limitations on his power. Just in case his memory conveniently weakened as his fondness for office grew, the oath and its limitations were read to him in a formal ceremony every two months. Remembering the horrified reaction in some quarters in Congress when the new leadership read the Constitution at just the opening of this session, one is inclined to believe the Venetians were on to something.
Although the Constitution requires other officials to take an oath of office, the President’s is the only one expressly prescribed. One question that arose is whether the oath is a precondition to the assumption of office. George Washington took office March 4, 1792, yet did not take the oath until April 30 of that year. Similarly, the practice of the British constitution, with which the Framers were intimately familiar, was that the coronation oath might not be administered until some time after the heir’s succession to the vacant throne. The President assumes his office when the constitutionally-designated day, January 20, arrives. However, before the President can execute the functions of his office, he must take the oath. Under the current practice of inauguration (which increasingly does resemble a coronation) and the demands of office, the matter has ceased to have practical significance.
Of more continuing relevance is the question of the scope of independent power the oath gives the President. Just as the effectiveness of the periodic recitation of the Venetian oath on restraining executive excess depended largely on the confluence of political events and the duke’s personality, the use of the oath as a source of executive power by the President has been similarly shaped. President Lincoln cited his duty to “preserve, protect, and defend” the Constitution as ample authority for his initial steps to combat organized secession, though he sometimes also referred to the three other sources of broad implied executive powers, the “executive power” clause, the commander-in-chief clause, and the clause that requires him to “take care that the laws be faithfully executed.” In a defense of his actions made to Congress in July, 1861, Lincoln declared that he was acting under his oath to “preserve the Constitution” and the Union, when he called forth the militia to suppress the rebellion, proclaimed a blockade of Southern ports (an act of war), directed large increases of the Army and Navy, ordered $2 million (yes, that was a lot of money then) of unappropriated funds paid out of the Treasury, pledged the unprecedented and astronomical sum of $250 million of the government’s credit, and ordered the military detention and suspension of the writ of habeas corpus for those engaged in or “contemplating” “treasonable practices.
Tenure Of Office Act - Bookshelf
A student's history of the United States
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For when the Tenure of Office Act was amended in 1869, the suspension of officials during the recess was left wholly to the discretion of the President, ...Impeached, The Trial of President Andrew Johnson and the Fight for Lincoln's Legacy
The first article charged Johnson with violating the Tenure of Office Act when he dismissed Stanton; the second alleged that he violated the same law by ...The Congressional globe ...
It moreover puts to "flight the ridiculous pretense that the President designed only to submit the tenure- of-office act to the test of judicial decision. ...Day-to-day Walkthroughs Directory
Tenure of Office Act - Wikipedia, the free encyclopedia
Tenure of Office Act (1867) This disambiguation page lists articles associated with the same title. If an internal link led you here, you may ...
Tenure of Office Act: West's Encyclopedia of American Law ...
Tenure of Office Act (1867) Law forbidding the U.S. president to remove civil officers without the consent of the Senate
Tenure of Office Act (1867) - Wikipedia, the free encyclopedia
The Tenure of Office Act was a federal law (in force from 1867 to 1887) that was intended ... The Tenure of Office Act permitted the President to suspend an ...
Tenure of Office Act — Infoplease.com
Tenure of Office Act, in U.S. history, measure passed on Mar. 2, 1867, by ... Johnson's alleged violation of the Tenure of Office Act was the principal charge ...
Tenure of Office Act — History.com Articles, Video, Pictures ...
(March 2, 1867), in the post-Civil War period of U.S. history, law forbidding the president to remove civil officers without senatorial consent.