Akpabio may be interim president, if…
By Tom Okpe, Andrew Orolua
Suspense and anxiety are palpable nationwide ahead of today’s Supreme Court hearing on the appeals filed against the verdict of the Presidential Election Petitions Court (PEPC) which affirmed the declaration of Bola Tinubu of the All Progressives Congress (APC) as winner of the 25 February, 2023 presidential election.
The appeals came from the dissatisfied Peoples Democratic Party (PDP) candidate, Atiku Abubakar; the flagbearer of Labour Party (LP), Mr. Peter Obi; and the Allied Peoples’ Movement (APM).
Ahead of the apex court’s eventual judgment, which may not be today, The Daily Times poured through the nation’s recent political history books to uncover what leadership scenario could emerge if the Supreme Court finally throws out President Tinubu.
Speaking to The Daily Times on who takes control of national leadership in case of such event, a lawyer, Akan Udoh, said that there is no controversy on that at all.
According to him, the 1999 Constitution (as amended) explicitly stipulates that the Senate President (in this case, Godswill Obot Akpabio) would act in that capacity for 90 days within which an election must be held.
The Constitution (as amended) and the Electoral Law are clear that the President and his deputy as well as a State Governor and his deputy are on a joint ticket, campaigning and standing for election together, and therefore, have similar mandate from the electorate.
However, should the appeals of today’s applicants succeed, and the apex court quashes Tinubu’s Presidency, the President and Vice President Kashim Shettima will then vacate their respective offices, while the Senate President will be sworn in, pending when the Independent National Electoral Commission (INEC) conducts an election to the nation’s two topmost offices within three months.
Section 146 (2) of the Constitution specifically gives the Senate President the powers of the Presidency for a three-month window.
The Section states: ”Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.
” (If the President either dies, or resigns, or is impeached, or is removed or is permanently incapable and the Vice-President is not available to become the President, The President of the Senate would become the President for 3 months during that period, there would be an election for a New President who completes the tenure of the former President.)”
On July 15, 2014, a precedence was set in the case of Adamawa State where Umar Fintiri, the then Speaker of the State House of Assembly, was sworn in by the Acting Chief Judge of the State, Justice Ambrose Mammadi, following the impeachment of Governor Murtala Nyako and the alleged resignation of Deputy Governor Bala Ngilari.
Justice Mammadi swore in Fintiri at the Council chambers of Government House, Yola, the State capital. Fintiri is the present Governor of the State.
Also, in Bayelsa State Governorship election, All Progressives Congress (APC) Governorship candidate, who won the November, 2019 poll, alongside his Deputy Governorship candidate, Biobarakuma Degi-Eremienyo, had his election nullified a day to his inauguration.
A five-member panel of the Supreme Court, led by Justice Mary Odili nullified the election on grounds that Degi-Eremienyo presented false information (perjury) to INEC in aid of his qualification for the November 16 election.
In the judgment delivered by Justice Ejembi Eko, the apex court consequently ordered INEC to withdraw the Certificate of Return issued to Messrs Lyon and Degi-Eremienyo.
The court gave judgement in favour of the PDP candidate, Duoye Diri.
The APC Governorship candidate and his deputy remained disqualified.
A national stalwart of the ruling APC, who does not want to be named, after his comments were sought by The Daily Times, cited the Bayelsa State precedence, saying: “Lyon, candidate of the APC, was declared winner of the November, 2019 governorship election, but, a panel of Justices led by Mary Odili asked INEC to withdraw the certificate of returns issued Lyon and reissue another to the candidate with the second highest number of votes.
“The decision of the apex court was in affirmation of the verdict of a Federal High Court disqualifying Degi-Eremienyo, Lyon’s running mate, for submitting forged credentials to the national election umpire.
READ ALSO: Boko Haram insurgents attack Customs office in Yobe…
“Let’s wait and hear what the highest court in the land will say about this case with same similarity.”
Most politicians across party divide our reporter spoke with declined comments, saying it will be prejudicial to the proceedings but urged all Nigerians to await the determination of the matter by the apex court.
