FULL TEXT OF SEN. SUNDAY OGBUOJI'S PRESS STATEMENT

*LEGAL ISSUES REGARDING THE GOVERNORSHIP OFFICE IN EBONYI STATE - THE NEED FOR NIGERIAN LAW TO BE APPLIED APPROPRIATELY*

*BEING A PRESS STATEMENT ISSUED TODAY THE 14th DAY OF MARCH, 2022*

I have followed, keenly, the outcome and many reactions to the decision of the Federal High Court Abuja regarding the consequences of an elected Governor abandoning the political party upon which he/she was elected.

It will be recalled that I had instituted similar action at the Ebonyi State High Court but was, unfortunately, unable to get a favorable outcome thereat. However, with the turn of event to my favour at the Federal High Court Abuja, I was, once again, surprised at the consequential order made by my Lord of the Federal High Court, Abuja.

I had expected that, in line with our laws, only persons who participated in the said 2019 Governorship election in Ebonyi State are capable of being declared substitutes in a case as the one at hand. The order that PDP should whimsically nominate “anyone” to replace Governor Umahi who left the PDP was one that I am not in agreement with. My reason is simple - Hon. Iduma Igariwey never participated in the gubernatorial election in 2019. He vied for and won election for the House of Representatives to represent Afikpo North and Afikpo South Federal constituency. Therefore, he is incapable of being nominated to replace a Governor.

Section 33 of the Electoral Act, 2022 is the nearest law that draws our attention to what should be done in a situation where the General Election is yet to be held. The section requires that a political party can substitute its candidate in cases of death or withdrawal by holden a fresh primary election within 14 days from the date of such death or withdrawal. But, in this case, the general election had been concluded with a winner and the first runner up. I emerge the runner up in that election. Therefore, if for any reason the PDP or its candidate Gov. Umahi are incapable of continuing in the office of Governor and a need to replace them arises, it is only proper that the first runner up in the election is the most legally qualified person to be named as a replacement. I hold this strong view because it is the people’s votes for both the party and its candidate that confers the authority to govern and if the votes of a particular party and candidate is no longer reliable, then the next legitimate votes are those of the first runner up.

In the light of the above brief statement, I am notifying the nation that I have instructed my lawyer to file application before the Court of Appeal in Abuja and the FHC (where a motion for stay of execution is pending) to be joined in the suits so as to ensure that all the issues are resolved adequately in line with our laws.

My most earnest desire is the good of Ebonyi State and our people. I will continue to stand for justice and fairness to all.

May God bless Ebonyi State and the Federal Republic of Nigeria.

gentiles:
Very interesting. He is right though, he actually in the pdp primaries in 2019 and lost to Umahi, so he should be the next of succession.

fergie001:

No.

He defected to the APC in July 2018 and contested against Umahi under the APC.

He is joking.....In his suit against Umahi, PDP & INEC were not parties, so he is obviously a joker.

gentiles:

Wow. Thanks for the clarification.

seunmsg:
Neither Ogbuoji nor Igariwey will be governor of Ebonyi before 29th May, 2023. Umahi remains unshakenly the governor of the state till the end of his tenure.

gentiles:
illiterate..see how he quickly deleted the anus rants sharp sharp
Allow educated people to speak,no way,drop outs wanna hold the mic and choose to remove all doubts insteada remain silent and be thought a fouoool

fergie001:

No.

He defected to the APC in July 2018 and contested against Umahi under the APC.

He is joking.....In his suit against Umahi; PDP & INEC were not parties, so he is obviously a popinjay.

garfield1:


He has some points actually.he is saying that by virtue of defection,umahi and PDP have been disq and the next runner up which is APC should benefit

paramboos:
What useless point does he have! Umahi is being sacked for defecting to Apc and you want them to handover to Apc? Guy use your sense nah..

Datikwerreboi:

Yeah because he fully participated

garfield1:
He has some points actually.he is saying that by virtue of defection,Umahi and PDP have been disq and the next runner up which is APC should benefit

garfield1:
True,very true.it is similar to what happened in zamfara.apart from umahi,no pdp candidate participated in all the stages of the election.therefore if umaahi is removed,either a fresh election is uubdertaken or the next party in line takes over

fergie001:

No.....they can't be disqualified because this is not pre-election.

He is also wrong because this is neither pre-election nor election petitions.


Zamfara is pre-election and Section 141 you quoted is both pre and post-election.

If the analogy of the party owns the ticket is followed, the PDP will run a by-election to determine its winner.

garfield1:
No,if umahi is removed,they will be a fresh elections or apc remains or the chief judge remains governor perpetually after all the constitution didn't specify who will take over

fergie001:

If Umahi & his Deputy are removed today, the member of the Ebonyi HoA who is not affected by the judgement takes over.

The PDP will certainly conduct a by-election, so will other parties.
The bolded is correct with neither Umahi nor Igwe not participating.

garfield1:


No sir,a member of assembly cannot take over,only the chief. Judge can take over.his deputy can reconntest

garfield1:


He has some points actually.he is saying that by virtue of defection,umahi and PDP have been disq and the next runner up which is APC should benefit