etokhana:

https://thenationonlineng.net/pdp-picks-igariwey-udeogu-as-ebonyi-new-gov-deputy/

It's can't happen is abuse of democracy but other lawmakers will be replaced

PointZerom:


What did the law say?

To put it in layman's words, where there is a gap in the law, it is not for the the Judge to fill that gap thereby usurping the function of the Legislature and becoming a Judicial activist.

If the 1999 Constitution is silent on the impact of defection of an elected executive, the role of a Judge is to loudly pronounce that silence of the law and reinforce it; not to give voice to wordings of the law that do not exist.

In fact, the silence of the law is presumed to be deliberate as the same lawmakers provided for the impact of defection of members of the legislature.

Matawalle is a case stuy. His defection was already thrown out of the court. The FHC that made Ebonyi case is just wasting his time when the case gets to Appeal court

chymeze:

Lol you're obviously not up to date with the constitution. The updated constitution forbids cross carpeting except if there are divisions within a party.

Which section of the updated constitution? Can a law be applied retrospect? All these Nairaland Lawyers sef

Ojiofor:


What if Umahi decamp back to PDP?

That will be like licking his vomit.
He got tired of the party and people that put him into office and gave them waka based on a promise of a bowl of tuwon shinkafa. How him go come back.

It’s like a proverbial dog my dad used to tell me about. While crossing a bridge with fresh meat in its mouth, sees an image of itself in the water but thought it was another dog. Out of greed, it lets go of the one in its mouth and jumps into the river to grab the one the supposed other dog had only to find out it was a mirage losing what was so secure.

Devil Umahi, you see your life?

chymeze:

Lol you're obviously not up to date with the constitution. The updated constitution forbids cross carpeting except if there are divisions within a party.

... Can you atleast quote the section?
What you are saying has been there in the constitution but it is for the legislature's and it was silent inrespect of the govonors.
Even the updated whatever you talking about it is still silent and that was the reason even the judge couldn't state any.

Abujason:


That will be like licking his vomit.
He got tired of the party and people that put him into office and gave them waka based on a promise of a bowl of tuwon shinkafa. How him go come back.

It’s like a proverbial dog my dad used to tell me about. While crossing a bridge with fresh meat in its mouth, sees an image of itself in the water but thought it was another dog. Out of greed, it lets go of the one in its mouth and jumps into the river to grab the one the supposed other dog had only to find out it was a mirage losing what was so secure.

Devil Umahi, you see your life?

LOL but naija politicians have been licking their vomit since time Imo River.

https://www.youtube.com/watch?v=uHHIzRkd8Lk

https://www.youtube.com/watch?v=uHHIzRkd8Lk

etokhana:

https://thenationonlineng.net/pdp-picks-igariwey-udeogu-as-ebonyi-new-gov-deputy/

Malory:
The right and sensible thing to do. Now our courts are living up to expectations. Reasonable Nigerians are solidly behind any decision taken by the people oriented party the PDP. We move

You mean the party of looters ba! Is that not the party of diamond encrusted bra lover breast cancer faker Dieziani who’s hiding away in U.K.? Is that not the party of $2 billion security money enbezzler Dasuki? I hear you!

Afamed:


Only when it favours pandemic development party

sebi your rubber stamp Senate president suddenly remember that there is something called separation of power when court rule and restraint him and Malami from uttering our electoral act, there was no separation of power in his dictionary when he always sign every ridiculous paper that comes from the president.

idahme:


That's the only reason OUK isn't serving yet, EFFC was advised to bring up the matter again for the right procedure to be followed.

Evidences already established to take OUK to prison but we are still waiting for the EFCC after how many months if not years. What a country.

I guess he has paid his dues.

And remember Magu was doing a hatchet job for a certain interest in APC

Agbegbaorogboye:

Let us hope the judge can quote a reliable sauce for his judgement

There is no single provision in law. Similar case has been decided up to supreme Court. And the supreme has decided no single penalty for defection

Jostoman:
sebi your rubber stamp Senate president suddenly remember that there is something called separation of power when court rule and restraint him and Malami from uttering our electoral act, there was no separation of power in his dictionary when he always sign every ridiculous paper that comes from the president.

What is this one saying?

I laugh in Latin, the judgement cannot withstand the scrutiny of an Appeal

alsudan:
Ebonyi is back where it belongs. Fresh four year tenure is guaranteed.

Soon to be Ex Governor Umahi can go and appeal from outside.

Not another four years, new governor will need to complete the rest tearm of the present administration

Afamed:


To put it in layman's words, where there is a gap in the law, it is not for the the Judge to fill that gap thereby usurping the function of the Legislature and becoming a Judicial activist.

If the 1999 Constitution is silent on the impact of defection of an elected executive, the role of a Judge is to loudly pronounce that silence of the law and reinforce it; not to give voice to wordings of the law that do not exist.

In fact, the silence of the law is presumed to be deliberate as the same lawmakers provided for the impact of defection of members of the legislature.

Matawalle is a case stuy. His defection was already thrown out of the court. The FHC that made Ebonyi case is just wasting his time when the case gets to Appeal court

You are wrong.

The constitution clearly states that an elected official cannot leave the party upon which he was elected except there is division in the party.

Now, was there division in PDP when Umahi defected? No. Therefore his action runs contrary to the provision of the constitution and is therefore illegal.

The judgment is sound. Na u no know the constitution

Penguin2:


I guess he has paid his dues.

And remember Magu was doing a hatchet job for a certain interest in APC

OUK was so dumb he was transferring money from state cofers to his private companies, that guy deserves a jail term.

Tomek09:
Useless cash n carry judgment.

Justice Inyang Ekwo should be restrained from delivering judgment.

The judge has shown in all his dealing to be partial, partisan and corrupt.

He was the same man behind OUK's ordeal. Thank God a higher court of competent jurisdiction nullified his judgment.

In the case between Labour Party and a member of House of Representatives representing Akure North/ South constituency, Hon. Ifedayo Sunday Abegunde. He was elected on the LP’s platform in the Seventh Assembly. He defected to the then Action Congress of Nigeria (ACN) before the end of his tenure, citing a division in his state chapter of the Labour Party.

In a preemptive move, Abegunde sued his former party at the Federal High Court, Akure, urging it to, among others, deem his defection as proper, to enable him retain his seat. He lost at the trial court, the Court of Appeal and up to the Supreme Court.A seven-man panel of the Supreme Court, headed by then Chief Justice of Nigeria (CJN), Mahmud Mohammed, in its judgment on April 17, 2015, ruled against Abegunde, to the effect that his claim of a division in the chapter of his party in his state did not qualify as the division envisaged under Section 68(1)(g) of the Constitution.

In the lead judgment, Justice Musa Dattijo Mohammad noted that it was only a division that made it “impossible or impracticable” for the party to function by virtue of the provision of Section 68(1)(g) of the 1999 Constitution that “justifies a person’s defection to another party.”

Justice Muhammad added: “The principles enunciated by this court in the two cases of FEDECO v Goni supra and Attorney-General of the Federation v Abubakar supra, are to the effect that only such factionalisation, fragmentation, splintering or ‘division’ that makes it impossible or impracticable for a particular party to function as such will, by virtue of the proviso to Section 68(1)(g), justify a person’s defection to another party and the retention of his seat for the unexpired term in the house in spite of the defection.”

Despite the unambiguous constitutional provisions on when a defection is proper and clear interpretations of these provisions by the Supreme Court, its application has, in most cases, been subjected to the whims of the leadership of the National Assembly.Before the current wave of defections rocking the National Assembly ahead of 2019 general elections, Zaphaniah Jisalo (Abuja Municipal Area Council /Bwari Federal Constituency of the Federal Capital Territory) and Ahmed-Tijani Damisa (Okene/Ogori-Magongo Federal Constituency in Kogi State) who were elected on PDP platform defected to APC last year. Their defection made PDP’s members in the House to demand that they vacate their seats.

When the issue was raised on the floor of the House, PDP Minority Whip, Umar Barde demanded that the seats occupied by Jisalo and Damisa be declared vacant in view of the provision of Section 68 (1g) of the constitution, and since the party was no longer divided after the Supreme Court’s resolution of the leadership dispute between Ali Modu Sheriff and Ahmed Makarfi.


The Chairman of the House Committee on Ethics and Privileges, Osai Nicholas Ossai (PDP, Delta), spoke in a similar vein and urged Speaker Yakubu Dogara to invoke Section 68 of the Constitution and declare the defectors’ seats vacant. Dogara declined to accede to the PDP members’ call, but instead, argued that their reliance on Section 68 (1g) to demand that the defectors’ seats be declared vacant was insufficient, adding that the constitution did not define what constituted a division in a political party.

The Speaker was quoted as arguing: “Division in a political party is not defined by the constitution. The constitution does not state whether it should be at the national, state or local government level. So, we should allow the judiciary to do its job.”

Arising from this, the judiciary is now doing their job as the interpreter of the Constitution. Don't you think so?

Technical and massive looting activated in Zamfara and Cross rivers

idahme:



OUK was so dumb he was transferring money from state cofers to his private companies, that guy deserves a jail term.

What do you expect from an illiterate

JONNYSPUTE:
...The guy you are quoting is right.
Our Constitution didn't capture the executives only the legislatives.
Read the combined sections180,188 and 189 of our Constitution and see the reasons a sitting govonor can be removed.
Until we amend the constitution,we will keep seeing these govonors decamping.

Thanks so much bros. I deliberately responded that way. Imagine him saying I am saying rubbish when he can as well educate me without insult. We can't because we are behind the wireless and have no regard for ourselves.

GreenAgain:



In the case between Labour Party and a member of House of Representatives representing Akure North/ South constituency, Hon. Ifedayo Sunday Abegunde. He was elected on the LP’s platform in the Seventh Assembly. He defected to the then Action Congress of Nigeria (ACN) before the end of his tenure, citing a division in his state chapter of the Labour Party.

In a preemptive move, Abegunde sued his former party at the Federal High Court, Akure, urging it to, among others, deem his defection as proper, to enable him retain his seat. He lost at the trial court, the Court of Appeal and up to the Supreme Court.A seven-man panel of the Supreme Court, headed by then Chief Justice of Nigeria (CJN), Mahmud Mohammed, in its judgment on April 17, 2015, ruled against Abegunde, to the effect that his claim of a division in the chapter of his party in his state did not qualify as the division envisaged under Section 68(1)(g) of the Constitution.

In the lead judgment, Justice Musa Dattijo Mohammad noted that it was only a division that made it “impossible or impracticable” for the party to function by virtue of the provision of Section 68(1)(g) of the 1999 Constitution that “justifies a person’s defection to another party.”

Justice Muhammad added: “The principles enunciated by this court in the two cases of FEDECO v Goni supra and Attorney-General of the Federation v Abubakar supra, are to the effect that only such factionalisation, fragmentation, splintering or ‘division’ that makes it impossible or impracticable for a particular party to function as such will, by virtue of the proviso to Section 68(1)(g), justify a person’s defection to another party and the retention of his seat for the unexpired term in the house in spite of the defection.”

Despite the unambiguous constitutional provisions on when a defection is proper and clear interpretations of these provisions by the Supreme Court, its application has, in most cases, been subjected to the whims of the leadership of the National Assembly.Before the current wave of defections rocking the National Assembly ahead of 2019 general elections, Zaphaniah Jisalo (Abuja Municipal Area Council /Bwari Federal Constituency of the Federal Capital Territory) and Ahmed-Tijani Damisa (Okene/Ogori-Magongo Federal Constituency in Kogi State) who were elected on PDP platform defected to APC last year. Their defection made PDP’s members in the House to demand that they vacate their seats.

When the issue was raised on the floor of the House, PDP Minority Whip, Umar Barde demanded that the seats occupied by Jisalo and Damisa be declared vacant in view of the provision of Section 68 (1g) of the constitution, and since the party was no longer divided after the Supreme Court’s resolution of the leadership dispute between Ali Modu Sheriff and Ahmed Makarfi.


The Chairman of the House Committee on Ethics and Privileges, Osai Nicholas Ossai (PDP, Delta), spoke in a similar vein and urged Speaker Yakubu Dogara to invoke Section 68 of the Constitution and declare the defectors’ seats vacant. Dogara declined to accede to the PDP members’ call, but instead, argued that their reliance on Section 68 (1g) to demand that the defectors’ seats be declared vacant was insufficient, adding that the constitution did not define what constituted a division in a political party.

The Speaker was quoted as arguing: “Division in a political party is not defined by the constitution. The constitution does not state whether it should be at the national, state or local government level. So, we should allow the judiciary to do its job.”

Arising from this, the judiciary is now doing their job as the interpreter of the Constitution. Don't you think so?

Afamed

Seems you don't know the latest

contigiency:


You people are easily carried and easily jubilate where no fun exist. For your information, Dave Umahi will finish his tenure.

Just look at how umahi allowed apc to destroy his political carrier how is he going to get out of this mess now?

Ojiofor:


Serves them right but I personally would like to see Umahi serve out his tenure so that he can complete his huge projects for ndi Ebonyi.

Fa! Fa! Fa! Fowl. Let the law take its cause even if it's a day left to the expiration of his tenure. We must put an end to impunity if we must make any progress in this country that has been reduced to zero.
Bro, Umahi's negative impact on ebonyians far out weighs his positive impact. Ask those on ground if you want to know the truth. Leave what the media is saying.

MajorOvakporaye:
Nice one. That useless idiot called Devil Umahi must vacate that seat with alacrity!!!

It's really a shame all the buhari's arse licking couldn't even save him a bitter lesson to all would be sycophants in Nigeria.

wilcox:

Fa! Fa! Fa! Fowl. Let the law take its cause even if it's a day left to the expiration of his tenure. We must put an end to impunity if we must make any progress in this country that has been reduced to zero.
Bro, Umahi's negative impact on ebonyians far out weighs his positive impact. Ask those on ground if you want to know the truth. Leave what the media is saying.

Let the law take its cause.

[quote author=Ojiofor post=110863557]

What if Umahi decamp back to PDP?[/quote I thought of that too

The bitter truth is that this judgement will not stand, unless cross carpeting was banned before, if not, these ones are just playing period!

[s]

buckeyemedia:
What of Obaseki?

[/s]

Basheer22:
The people shouting that they want APC to zone its ticket to the South East yesterday are the ones happy today that Umahi an Apc Governor is having legal issues over joining to Apc.

If APC zones its ticket to the South East, will the South East vote Apc?

when did umahi Join APC that u pple now Love him there's okorocha, uzor kalu, minister of science others give them ticket as for ebonyi 2023 PDP ll get it back we God forbid the era of one Party dominance PDP did then... Moreso we should hope our political system grow to a point politicians don't decamp anyhow...