It held that since they took oath of office and oath of allegiance in 2008, the tenure of the five governors in the affected states would not expire until 2012.
Delivering judgement in an appeal filed by INEC against the decision of Justice Adamu Bello of a Federal High Court in Abuja on the tenure completion of the governors, Justice Garba Mohammed Lawal, said it should be determined by the outcome of the rerun conducted in 2008 and not on the 2007 election, which was voided and set aside by election petition tribunals and competent courts of jurisdiction.
He therefore upheld the judgement of the FHC delivered on February 23, 2011 that something could not be built on nothing.
The appellate court agreed that INEC was wrong in law in its interpretation that the tenure of the five governors started in 2007 when in the eyes of the law, the purported governorship elections were not conducted in the five states, having been declared null and avoid by competent court.
The judge held that INEC erred when it held that the amendment done to the 1999 constitution by the National Assembly in 2010 took retroactive effect and affected the five governors who were legally inaugurated in 2008.
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