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Nairaland Forum / Nairaland / General / Politics / Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers (20768 Views)
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Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Agbegbaorogboye: 7:39am On Mar 09, 2022 |
kahal29:What difference does it being a pre-election matter have to do with the case. The issue is whether votes of one party are transferable by virtue of defection. It precedes the issue of being pre-election or not. Though I agree the Constitution is silent about removal of a governor from office through the courts and I also suspect this could be classed as a civil proceeding. However, I'll like to see what the higher courts will think of this judgement. A Daniel has come to judgement or judicial rascality? 4 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Yuneehk(f): 7:43am On Mar 09, 2022 |
When they're done with Umahi, Ayade should follow When people voted, they voted for the party, not individual names. So if you defect, as a flag bearer, you might as well vacate the seat. This will serve as a deterrent to others who win under a party and defect to another. 5 Likes 3 Shares |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by membranus: 7:46am On Mar 09, 2022 |
MEGAWATCH: "Short people" can fight, but cannot win a just cause in the court of law. So Ayade and Mattawale are on their way out of the juicy seats of government. So sad 3 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by ictplotter(m): 7:46am On Mar 09, 2022 |
Aonkuuse:You sound very stupid n gullible. Do you want a law court to giv u justice without seeking for it. In law we hav what is called fiti juria, fiti judex. Did APC as political party sue Ortom and the court refuses to giv justice? Do you know at that time there was already a conflict and division in APC, then rAPC was formed as a parallel party within the APC and Buba Galadima was named the chairman of rAPC by saraki and kwankwaso block . The constitution is clear on this, once there is a division within ur party, an elected officials of the party can decamp to another party. At the time umahi decamped there was no parallel or a division in PDP, he said he reasons of joining APC was to join hands with Buhari in central to develop the country and PDP have not be fair to south east. 5 Likes 2 Shares |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by jaxxy(m): 7:52am On Mar 09, 2022 |
kahal29: What is the meaning of pre election matter/case? How is this umahi’s case any different and not pre election as u call it for ur convinced?? What is a pre election case/matter? |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by OfficialAwol(m): 7:55am On Mar 09, 2022 |
Topmaike007: Is Maria a PDP member? I no know how una dey take reason sometimes. 1 Like |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Foolishbuhari: 7:55am On Mar 09, 2022 |
Aonkuuse: Did the APC take Ortom to court? 3 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by InvertedHammer: 7:56am On Mar 09, 2022 |
/ The judge that handled the case is a real gangster / 2 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by OfficialAwol(m): 8:06am On Mar 09, 2022 |
philasine: What it means is that when a political party nominates a candidate and a running mate, the three of them are now tied to the same umbilical cord. If anything happens to the party, the candidates are affected. If it happens to the candidates, the party is affected. Now, what this judgment is saying is that a candidate can not, by himself, detach himself from that umbilical cord without being harmed which is what is happening to Umahi now. 2 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by TGM2015: 8:11am On Mar 09, 2022 |
descartes400: The bold is the conclusion of the whole matter. The judge err in adding to the Constitution. |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by thatsleepboy1: 8:13am On Mar 09, 2022 |
1 Like |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by internet: 8:18am On Mar 09, 2022 |
nony43: Ayade that maltex bottle is next. 3 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Topmaike007(m): 8:18am On Mar 09, 2022 |
OfficialAwol:she decamped to PDP before Idu won her in primary election |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by JB4life: 8:21am On Mar 09, 2022 |
What do you expect from lawyers seeking attention. Are Umahi & cohorts the first to decamp or would they be the last to decamp ? |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by jimter44(m): 8:24am On Mar 09, 2022 |
kahal29: Atiku case is different from this one. Atiku defected to contest the presidential election and not to continue in office. Umahi defected to continue in office as governor. The day Ebonyi people voted l, they did it for the PDP and not APC. They want their governor to be on the platform on PDP and for the governor to transfer the mandate to APC is against the natural justice. The courts have on many occasions said the votes belong to the political parties. Obasaki's case is also different. He defected to contest election. A oud the owner of this number 08036307323, he is a fraudster. 2 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by OfficialAwol(m): 8:32am On Mar 09, 2022 |
Topmaike007: Oh well, didn't know she's now in PDP. Nonetheless, PDP cannot hand its mandate to an unelected decampee. By law, PDP would only nominate the next most ranking elected PDP official at the state level to succeed Umahi. Ali Odefa would have benefitted from this judgment being the Deputy Speaker who didn't defect but I guess his court case denied him of it. Another factor that may have worked against him is zoning. Ebonyi South needs to serve out its tenure and that's where Idu Igariwey comes in. 1 Like |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by jimter44(m): 8:32am On Mar 09, 2022 |
OfficialAwol: Your argument is valid. Ebonyi people wanted their governor to be a PDP member and that's why they voted for PDP on 9/03/19. How come their governor is now on the platform of another party? If they would have wanted their governor on the platform of APC, they would have voted for the APC candidate on 9/03/19. 2 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by jimter44(m): 8:32am On Mar 09, 2022 |
OfficialAwol: Your argument is valid. Ebonyi people wanted their governor to be a PDP member and that's why they voted for PDP on 9/03/19. How come their governor is now on the platform of another party? If they would have wanted their governor on the platform of APC, they would have voted for the APC candidate on 9/03/19. Avoid the owner of this number 08036307323, he is a fraudster. 1 Like |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by maestroferddi: 9:02am On Mar 09, 2022 |
kahal29:You have been running amok all over the place yet your narrow-mindedness has prevented you from seeing and comprehending the obvious.... In Amaechi vs Omehia which you earlier cited, the definitive argument upheld by the Supreme Court is that elections are sponsored and won exclusively by political parties and not individuals. The trial judge also had the presence of mind to make reference to the 1999 constitution addressing same. As it stands, there are both judicial precedence and a constitutional provision/address in the matter... If Buhari chooses to remain disinterested, Umahi will go... 3 Likes |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by kahal29: 9:08am On Mar 09, 2022 |
TGM2015: Abeg help me tell him |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Emir01: 9:21am On Mar 09, 2022 |
ovie8200: Listen to yourself. Grand patron of Olodo. He defected with APGA mandate? And Umahi defected not to contest. Umahi have nothing to worry about. |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Emir01: 9:30am On Mar 09, 2022 |
ictplotter: There's no division in PDP? You are learning politics from your old uncles, you will be worst than them if you have opportunity. Did you know that Umahi and Ayade does not attend meetings with Wike because they accused him of hijacking the party? Are you aware that Secondus case is still at the supreme court for final judgement. Umahi doesn't have any reason to be worried. |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by AntonVince: 9:35am On Mar 09, 2022 |
Maxymilliano: Simple! 1 Like |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by MartinsD12(m): 9:57am On Mar 09, 2022 |
oshozondii:LoL even apc top cabal lawyer has said the truth |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Princeaniemeka: 10:36am On Mar 09, 2022 |
THE LAW HAVE BEEN INTERPRETED. THOSE ARE THE LOOPHOLES IN OUR LAW, HIDDEN FROM THE PRYING EYES OF JUNIOR POLITICIANS. THAT IT DOESN'T STIPULATE SPECIFICALLY THAT THE GOVERNORS WILL LEAVE THEIR POSITION WHEN THEY CROSS CARPET DOESN'T MEAN IT CAN'T BE INTERPRETED. IF SAME CAN AFFECT THE LAWMAKERS OF WHICH THEY ARE ELECTED ON THE PLATFORM OF A POLITICAL PARTY, THEN WHY NOT THE GOVERNORS. SHALOM |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by MaarxisGlaiback: 10:48am On Mar 09, 2022 |
Every individual has the inneliable right to belong to any party of his choice, irrespective of party politics Because u are elected under the platform of a particular party doesn't mean u can't defect, U can win victory today under APGA, 2morrow u switch To NPC or NNPC if u like The law doesn't say u must die in one party NIGERIAN JUDICIARY IS JUST LIKE A WOMAN'S PUSSY I Don tyer seff |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Cantonese: 11:09am On Mar 09, 2022 |
"The court noted that the crux of the matter was the defection of the 3rd and 4th defendants, Umahi and Igwe, respectively, from the PDP to the APC, and not issue of conflict. Justice Ekwo said the averments of Umahi and Igwe did not address the issue of defection rightly and frontally but rather resorted to general denial to affidavit evidence. The depositions of the 3rd and 4th defendants in their counter affidavit were “evasive and insufficient” to competently challenge the plaintiff’s originating process. It was the opinion of the court that the “immunity clause” in section 308 of the constitution under which Governor Umahi and his deputy want to hide is not absolute. “Section 308 is a veritable constitutional shield” for president, Vice, Governors, their deputies against civil and criminal litigations and not for political reasons. The court said Umahi and Igwe did not controvert the deposition that total votes scored in an election belong to a political party. Justice Ekwo said evidence abound that the 2nd defendant (APC) contested the Ebonyi State governorship election held on March 9, 2019, with its own candidates. “It can be noted that the constitution does not deal with the issue of defection lightly”, the court stated, adding that “the 3rd and 4th defendants cannot transfer the votes and victory of the plaintiff on March 9, 2019, to the APC. “Office of the Governor and Deputy Governor of Ebonyi State belongs to the plaintiff and not the APC. “The option for Umahi and Igwe is to vacate office and wait for next election to contest election on the platform of its new party”, the court declared. The court said the act of the APC, Umahi and his deputy is aimed at “dismantling the 1999 constitution”. Consequently, the court declared that under the democratic system operated in Nigeria, the plaintiff (PDP) won the majority of votes during the election and is entitled to enjoy same till the end of tenure of office for which the election was made". Please read through. The judgement of the court aside from looking at the Constitution also was on the basis of evidences and facts. They did not deal with the issue of defection rightly and frontally. Who should be blamed? Umahi's lawyer failed woefully. Maybe now he will add Ozekhome to his legal team to help him out. If you are sponsored by someone, does it not presuppose that the person is responsible for you in the issue that binds you together as long as you remain with him? Even if the word "governor" is not mentioned in section 177(c) quoted, he belonged to the PDP, was sponsored by the PDP. We should get to a point in our democracy where issues like decamping must be addressed. You do not change the goal post in the middle of the game. If you got a position on the platform of a party, you should be expected to be with that party until your tenure expires. Hopefully all those in the state and national assemblies are shown the way out with this. 1 Like 1 Share |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by Tecno66: 12:37pm On Mar 09, 2022 |
3exe3:Umahi's name was not on the ballot paper but pdp. There is no way he would have won the election standing under another party. Let him be ranting as if he owns the country. |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by EKOSuperior(m): 1:43pm On Mar 09, 2022 |
The 1999 Constitution of the Federal Republic of Nigeria (as amended) provides for the removal of the Governor or Deputy Governor of a state only in two sections, that is section 188 which provides for the removal of the Governor/Deputy Governor through impeachment by the State House of Assembly and in section 189 which provides for the removal of the Governor/Deputy Governor by the State Executive Council on the groud of permanent incapacity. Apart from the provisions mentioned above, there is no other groud for the removal of the Governor provided by the Constitution except the Governor resigns his position or is dead, see Section 306 and 181 of the 1999 Constitution. The Supreme Court in the celebrated case of ATTORNEY-GENERAL OF THE FEDERATION & 2 ORS V. ALHAJI ATIKU ABUBAKAR & 3 ORS (S.C. 31/2007) [2007] NGSC 118 (20 APRIL 2007) held inter alia that there is no express provision of the vacation of office of the vice president upon defection from his sponsoring political party to a rival party. The vice president can only resign from office as per the provisions of section 306 of the Constitution. The other clear provision relating to cessation of office and removal from office is said to be impeachment in sections 143 and 144 of the Constitution. Accordingly, the appeal was dismissed. The decision of the Supreme Court above also applies to the Governor/Deputy Governor of a state because the Constitution provides for right to freedom of association which includes political parties in Section 40. In summary, section 1(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that: "This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria." It further provided in Section 1(3) that: "If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be voiod. The question begging for answer is: "the declaration of the seat of the Governor/Deputy Governor of Ebonyi State vaccant, is it in line with the provisions of the Constitution? |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by christistruth01: 1:45pm On Mar 09, 2022 |
Obaseki next |
Re: Court Sack Of Umahi, Deputy, Lawmakers In Order — Lawyers by EKOSuperior(m): 1:46pm On Mar 09, 2022 |
garfield1:This applies to the Legislature and not the Executive arm of government. |
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