Naija News

Captain Idris Wada, the governor-elect of Kogi State is facing an uphill task to succeed Alhaji Ibrahim Idris who was sacked from office on Friday by the Supreme Court.

His swearing-in on Friday by the President of the State Customary Court of Appeal, Justice Ibrahim Atadoga rather than by  of the Chief Judge, Justice Nasir Ajanah is already raising dust across the nation.

Forty-eight hours after his purported swearing-in,he has not been allocated security details whereas the Speaker of the State Assembly, Alhaji Abdullahi Bello has a full compliment of security aides. He was sworn in by the Chief Judge in conformity with the directive of the Federal Government.

Presidency sources said yesterday in Abuja that Wada,the choice of Alhaji Idris ,has a lot of jurisprudential issues to clear before assuming office.

Sources said only the courts can save him, although his party, the PDP, has given indication that it may go to court to seek redress in his favour.

A top government officer, who spoke in confidence with our correspondent, said: "The Federal Government directed the Speaker of Kogi State House of Assembly to take over from Governor Ibrahim Idris because there are a lot of jurisprudential issues involved. 

"The government was guided by Section 191(2) of the 1999 Constitution. The Federal Government may not change its mind that Kogi State Speaker should be in charge of the state until there is a contrary pronouncement by a court." 

The source highlighted five jurisprudential issues involved in the Kogi stalemate. 

The source added: "Firstly, the tenure of Wada ought to start in March 2012 going by the mandate he secured at the poll. If Idris had remained the governor, would he say he should be inaugurated in January? 

"It is true that Wada has been elected governor but there is a constitutional question on when he is to take the oath of office. 

"Secondly, Wada was not a party to the appeal before the Supreme Court and he cannot benefit from Friday judgment. Even INEC that was the appellant did not ask for a consequential order either in respect of Wada or anybody. 

"Thirdly, there are issues bordering on the validity of the primary which produced Wada as the candidate of the Peoples Democratic Party. Since Idris, tenure ended in May 2011, the validity of any primary conducted after that day is questionable. Look at the case of Governor Rotimi Amaechi to guide you. 

"Fourthly, having been removed by the Supreme Court, Idris had no right to invite the President of the State Customary Court of Appeal, Ibrahim Atadoga, to inaugurate Capt. Idris Wada. As at the time ex-Governor Idris mounted pressure on Atadoga, he was no longer in charge of Kogi State . The President of the Customary Court responded to a directive from an ordinary citizen. This amounts to judicial misconduct. 

"The ideal thing was for Atadoga to get directive from the Chief Judge of the State, Justice Nasir Ajanah. Instead, he by-passed the Chief Judge. 

"Fifthly going by Section185 (2)of the 1999 Constitution (as amended), those who can administer oath of office is in this order: Chief Judge of a state, Grand Kadi of the Sharia Court of Appeal, or the President of the State Customary Court of Appeal. This section says ''for the time being respectively appointed to exercise the functions of any of those offices in any state. 

"If you ask the President of the Customary Court of Appeal in Kogi State , he will tell you that he was appointed by ex-governor Idris to administer the oath. He allegedly took an order from an ordinary citizen of the state which Idris was after the judgment of the Supreme Court. 

"What we have seen going on in Kogi State is a case of desperation and recourse to self-help by Wada." 

Responding to a question, the source said: "By way of originating summons, let the PDP go to the Supreme Court for the interpretation of the judgment. 

"And as far as Wada's mandate is concerned, he needs to go to a Federal High Court demanding whether or not he should be inaugurated as governor in the light of the vacuum created by the exit of ex-Governor Idris. 

"Wada needs to go to court because his mandate begins in March. And constitutionally, pending the time of his swearing in, the Speaker of the State House of Assembly is expected by virtue of Section 191 (2) of the 1999 Constitution to be in charge of the state." 

Section 191(2) reads: "Where any vacancy occurs in the circumstances mentioned in sub-section(1) of this section during a period when the Office of the Deputy Governor is also vacant, the Speaker of the House of Assembly of the state shall hold the office of Governor of the state for a period of not more than three months, during which there shall be an election for a new Governor of the state who shall hold office for the unexpired term of office of the last holder of the office." 

A member of the National Working Committee of the PDP said: "We are going to the Supreme Court on Monday to seek the correct interpretation of Friday judgment and demand the inauguration of Wada with immediate effect." 

The immediate past governor of the state, Alhaji Idris, yesterday  packed out of Government House, Lokoja and relocated to Abuja.

Investigation by our correspondent revealed that the Speaker of the State House of Assembly, Alhaji  Bello, who was sworn in by the state Chief Judge, Justice Nasir Ajanah, has been provided with official security details.

A top security source said: "We have only provided full security details for the Speaker based on the directive of the Federal Government.

"When the constitutional picture gets clearer on Monday, we will obey the directive of the court accordingly.

"We are not taking sides but we do not want any crisis in the state."

A source however said: "Having been sworn in, His Excellency, Governor Wada will resume officially in office on Monday. 

"He is already planning to move into the official residence vacated by ex-Governor Ibrahim Idris."

Alhaji Ibrahim Idris, who started moving his personal belongings out of the Government House at about 2am on Saturday finally  left in the evening.

It was learnt that a Hiace bus with registration number KGGH 109, had solely been moving the Governor''s belongings to a location within the state capital.

A reliable source added: "The ex-governor was obviously caught unawares by the judgement of the Supreme Court. It took him time to move out of the Government House.

"However, at about 3.30pm, a convoy of about 15 vehicles drove out of the Government House with the rest of his belonging.

"These included the Hiace with registration number KGGH 109, KGGH 19, a Coaster bus with registration number EU 616 ABC, another with registration number AG 589 LKJ and a Peugeot wagon.

" Idris rode in a Lexus SUV with registration number covered. The SUV was originally earmarked for  use by Captain Idris Wada,

"Idris had been receiving visitors up till when he vacated the Government House. Wada was said to have been part of those with Idris until he left the Government House. Wada's father, Ejiga Wada, whose age was put between 102 and 103, was also there. Others who came to see Idris included members of the state House of Assembly from Kogi East.

"His wife, Zainab, and a few of his daughters were also in the Government House up till the point of his departure.

"Only four riot policemen were left as security for the governor while the officers of the State Security Service who were in the Government House were there strictly to ensure he vacated the official residence of the governor on time so that Bello could move in."

When contacted at about 8.30pm, ex-Governor Idris said: "I have moved to Abuja, I thank God for everything."