INEC Chairman, Prof. Jega
From Chuks Okocha in Abuja
A suit by the Independent National Electoral Commission asking the Supreme Court to decide when the tenure of five governors in Adamawa, Bayelsa, Cross River, Kogi and Sokoto States would end is causing anxiety in the camps of the affected governors.
The commission is before the Supreme Court to challenge the judgment of the Court of Appeal that stopped governorship election in the five states during the last general elections.  The court held that the governors’  tenures had not expired, having taking fresh oath of office after they won in the rerun elections ordered in the states when the courts voided their victory in the 2007 governorship election.
The concern came just as the Peoples Democratic Party will tomorrow screen Adamawa State Governor, Alhaji Murtala Nyako and his rival, Dr. Ardo Umar, for governorship primary in the state.
The party is intensifying preparations for governorship elections in the states which INEC has slated for between December and next year, as it plans to hold governorship primaries in Adamawa State on October 24 and Bayelsa State on November 19.
THISDAY gathered that the governors’ worries are over the immediate implication, if the Supreme Court should rule that their tenures had expired since May 29, 2011, contrary to the position of the Court of Appeal.
Their fear is that with such a ruling, they would be forced to vacate their offices and hand over to speakers of their respective legislatures while a fresh governorship election is conducted within 90 days in line with electoral law.
Besides, their forced exit from power, albeit temporarily if they win in the election, would strip them of their constitutionally guaranteed immunity and expose them to arrest by the Economic and Financial Crimes Commission.
They also feared that PDP might deny them return tickets.
They have also accused INEC of acting on a script written by some top political figures who are after some of the governors.
According to a governor who spoke to THISDAY, “the worries of my colleagues involved in this case of tenure elongation is the reluctant but  steady  approach of INEC in pursuing this case and the  invitation by the Supreme Court to some of those referred  to as ‘friends of the court’ to advise on the constitutionality of tenure elongation.”
He said he and his colleagues, with the body language of INEC, suspect that someone is egging on the commission.
His words: “The governors involved in this case are asking what INEC stands to achieve in this matter other than personal vendetta of someone high up. The Federal High Court as the court of first instance has ruled that the tenure of the affected governors has not expired.
“But INEC went a step further to appeal and when the Court of Appeal ruled again that the tenure of the governors in question is yet to expire, INEC reluctantly but steadily continued with the appeal to the Supreme Court.
“Whose interest is INEC pursuing by going to the Supreme Court? Some of us think that there is a special interest and this is a case of the voice of Esau and hand of Jacob. Someone somewhere is using INEC to achieve his own agenda.”
The governor said the invitation extended to a former Attorney General of the Federation and Minister of Justice, Chief Richard Akinjide (SAN), the incumbent, Mr. Mohammed Adoke and Prof. Itse Sagay points to the way the Supreme Court may rule in the case.
The source said both Akinjide and Adoke are termed ‘federalists’ in their approach to issues relating to the unity of the country and law, adding that they might influence the Supreme Court to rule in  favour of INEC.
“There is this suspicion that both Akinjide and Adoke may side with the position of INEC that the tenure of the governors had expired and Sagay would present a contrary view.  We fear that the Supreme Court will rule in favour of INEC,” the governor added.
The governor said if the Supreme Court upholds the position of INEC, “the EFCC and ICPC will pounce on some of the governors who the ‘system’ wants to stop at all cost.” 
According to him, “the EFCC has already concluded investigations into allegations of corruption levelled against some of the governors affected by the elongated tenure judgment and is just waiting for an opportunity to strike.”
Already, the Bayelsa State government has objected to the inclusion of Adoke as part of the ‘friends of the court’ to address the Supreme Court on the matter.
Counsel to the state, Chief Ladi Williams (SAN), said it was legally wrong for Adoke to be part of the ‘friends of the court’ as he represents the federal government, which is a party in the case.
He said: “The law as it stands is that a respondent which the AGF is in this matter has no other role to play in an appeal, but to support the decision of the court.
“As a respondent therefore, unless the AGF has cross-appealed or filed a respondent’s notice in respect of the decision, his role in this appeal is nothing but to support the decision of the Court of Appeal in question.”
Ahead of the PDP governorship primaries in the states, it was learnt that Nyako and Umar have submitted forms to vie for the party’s ticket in the election slated for January 14, 2012.
Umar submitted his completed form on Friday to the PDP national secretariat while Nyako submitted his yesterday. The party’s Director of Mobilisation and Organ-isation, Chief Adewale Fatana, received both forms from Umar and Nyako.
It was also gathered that Umar and Nyako would face the governorship screening panel tomorrow to determine their eligibility for the October 24 governorship primary election.
They paid the mandatory N5 million nomination form fees and N500, 000 fees for the Expression of Interest to enable them to qualify for the governorship primary.
According to a statement by the National Organising Secretary of PDP, Prince Uche Secondus, the screening of the governorship aspirants will take place on October 17 and the appeal panel will sit on October 18.
The statement said ward congresses to elect ad-hoc delegates will hold on October 19 and the appeal panel to hear petitions on the ward congresses will take place on October 20.
The governorship primary election, the statement said, will take place on October 24 and the appeal panel to hear petitions will hold on October 25.

-ThisDay