Governor Dave Umahi of Ebonyi State and his deputy have appealed their sacking by the Federal High Court, Abuja. The duo’s appeal came about 24
Governor Dave Umahi of Ebonyi State and his deputy have appealed their sacking by the Federal High Court, Abuja.
The duo’s appeal came about 24 hours after Justice Inyang Ekwo of the said court ordered them to vacate their offices while ruling in a case brought before him by the People’s Democratic Party (PDP).
The judge had granted the PDP’s request to declare that Umahi and his deputy’s defection to the All Progressive Congress (APC) after winning election on its platform was unconstitutional.
The PDP had argued that the votes secured by Umahi in the 2019 Ebonyi governorship election belonged to its party and cannot be transferred to the APC by virtue of the governor’s defection to the party.
But in their appeal marked FHC/ABJ/CS/920/2021, Umahi and his deputy faulted Justice Ekwo’s judgment.
They said Ekwo erred when he held that, “I have not seen any authority which propounds that where a governor or deputy governor defects his political party on which platform he was elected into office, he cannot be sued by that political party to reclaim its mandate…Section 308 of the 1999 Constitution did not envisage such a situation”.
They said, “The Hon trial court was virtually setting aside the Supreme court of Nigeria’s decision in AG Federation v. Atiku Abubakar & 3 ORS (2007) LCN/3799(SC)to the effect that there are no constitutional provisions prohibiting President or vice and invariably the Governor and or deputy Governor from defecting to another Political Party.
“The provisions of section 308 are specific Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section, no civil or criminal proceedings shall be instituted or continued against 3rd and 4th Appellants during their mandate in office as Governor and Deputy Governor respectively
“The Respondent’s cause of action at the court below was defection of the Appellants from the PDP on which platform they were voted into office to the APC.
“There is no provision of the 1999 Constitution (as amended) that provides for the removal of 3rd and 4th Appellants as sitting Governor and Deputy Governor respectively of Ebonyi State for reason of defection.”
Meanwhile, following the court judgement, the PDP on Tuesday submitted two names to the Independent National Electoral Commission (INEC) for replacement of the sacked governor and deputy governor.
The party had asked INEC to declare Iduma Igariwe and Fred Udogwu as the new governor and deputy governor of Ebonyi State.
