Awka — The Supreme Court yesterday ordered the Anambra State Governor, Chief Andy Uba to leave office with immediate effect and reinstated Peter Obi until 2010.
President Yar'Adua yesterday directed the Solicitor-General of the Federation and the Inspector-General of Police to ensure the smooth transition back to Peter Obi as soon as they are served with the court papers.
Uba was reported to have left Awka Government House soon after the judgement was announced.
A unanimous decision given by a seven-man panel of Justices presided by Justice Iyorgher Katsina-Alu held that the tenure of Dr. Peter Obi on the platform of the All Progressive Grand Alliance was not yet over.
The court also blamed the Independent National Electoral Commission for going ahead with elections in Anambra State when the governor's tenure had not expired.
Justice Katsina-Alu giving the lead judgement cited the constitution and held that a governor's term of office began from the day he took the oath of office.
Section 180 (1) of the 1999 constitution reads, "The governor shall vacate his office at the expiration of a period of four years commencing from the date wherein the case of a person first elected into as governor under this constitution, he took the oath of allegiance and oath of office."
The court held that since Obi took the oath of office on 17th March last year he could not have completed his four years in office as governor.
Justice Katsina-Alu said it was unfortunate that other candidates had spent a lot of money for an office that was not vacant in the first place. But the court rejected another case brought by the former governor of Oyo state Rashidi Ladoja. Ladoja cannot extend his tenure for 11 months to make up for the time he was out of office after being impeached, he said. He was returned to office last year after his impeachment was overturned.
The apex court held that it lacked the jurisdiction or power to extend the tenure of a governor who was improperly impeached.
He had argued that the Independent National Electoral Commission wrongfully declared Dr. Chris Ngige the winner of the 2003 governorship election in Anambra State.
A statement from the President's office said: "President Umaru Musa Yar'Adua has noted today's declaration by the Supreme Court that Mr. Peter Obi remains the substantive governor of Anambra State, as well as its order that Dr. Andy Uba should vacate the office immediately. The president affirms the determination of his administration to uphold the rule of law in his resolve to reposition Nigeria for peace and prosperity."
In Awka, former governor, Dr. Nnamdi Emmanuel Uba hurriedly left Government House in a black jeep with his aides in a long convoy. His deputy Barrister Stella Odife followed suit shortly after.
Reacting to this development, the Chairman, Ohaneze Ndigbo, Dr. Dozie said that "one experience is that the Supreme Court has acted independently according to the provision of the law. We have to accept it whether we like it or not because Supreme is the final arbiter."
He advised the people of Anambra state to maintain peace and calm.
Former lawmaker in the state House of Assembly who represented Ihiala II Constituency, Hon. Theo Nnorom in his speech noted, "I am so happy that God has answered our prayers. We want Obi to govern this state."
In his reaction, the Democratic Peoples Party Senatorial candidate for Onitsha North constituency in the April 2007 election, Prince (Dr.) Emeka Eze noted that the judiciary is the last hope of the common man, they have restated people's confidence, saying that when all hope fails, our judiciary is the last to restore justice.
In his own reaction, Obi's campaign manager and the senior special assistant on market, parks and open spaces, Hon. Sylvester Nwobu Alor said that it was not a surprise to any right thinking man because people now see the Supreme Court as the last hope of the common man. "It is a triumph of good over evil. It is a triumph for democracy."
He advised citizens of the state to give maximum support to Obi in his effort to rebuild Anambra state.
Also, the Cordinator, Justice, Development and Peace Commission (JDPC) Onitsha Catholic Archdiocese, Rev. Fr. Martin Onukwuba in his comment said, "we laud the judgment, there is still hope in the judiciary. People should not allow an usurper to take over government," lamenting that it is a dangerous development.
Inspector General of Police, Mr. Mike Okiro said though he has not received the presidential directive, the police will restore governor Peter Obi's police security and ensure that he successfully resumes as the governor of the state.
"As I am talking to you now (around 7pm yesterday), I have not received the presidential directive you are talking about. There will be no difficulty implementing it. Let the court order come. We shall comply immediately," he said.

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