Ebubu:
Dave Umahi and Ben Ayade dun go scot free be that

The Independent National Electoral Commission has urged the Federal High Court sitting in Abuja not to sack Cross River governor, Ben Ayade, over his defection from the People’s Democratic Party to the All Progressive Congress.

Today was scheduled for judgement in a suit by the PDP challenging the defection of Ayade and his deputy governor to the APC.

But Justice Taiwo Taiwo told the court on Wednesday that he would have given his judgement but for the Court of Appeal decision in Enugu regarding the defection of Ebonyi governor, Dave Umahi.

He then directed counsel to the parties to address him on the Court of Appeal’s decision in Enugu which struck out an application by an APC aspirant, against the defection of Ebonyi Governor to the APC.

PDP counsel, Emmanuel Ukala SAN, contended that the reliefs in the appellate court in Enugu was different from their case before him.

He contended that PDP cannot be bound by a judgement that it was not a party to.

He accused the APC of hurriedly arranging the case at the appellate court.

But INEC counsel, A. Onyeri, told the judge that what the PDP is asking has been addressed in the Enugu Appeal Court judgement.

He said, “It is true that INEC the first defendant, is a neutral body, but as a commission, our understanding is that this case is similar to the judgment and subject matter of the court of Appeal judgement on Umahi. “

He cited the judgement, reading , “Defection of an elected officer is not novel in judiciary precedence.”

He added that constitutionally an executive officer should not vacate his seat on account of defection or cross carpeting.

“We ask my lord to bow to the doctrine of stairi decisis (judiciary precedence),” he said.

Ayade’s counsel Mike Ozekhome SAN is currently defending his client as of the time of this report.

Barely a week after four northern PDP presidential aspirants visited former military president, General Ibrahim Badamasi Babangida (rtd), to seek his support towards a consensus candidate among them, a group of four southern governors yesterday held a closed-door meeting with Babangida and former head of state, General Abdulsalami Abubakar (rtd).
LEADERSHIP observed that the meeting that started about 3:45pm lasted up to one hour before they departed for Abuja through Minna airport.

The southern Peoples Democratic Party governors who visited IBB’s house were Nyesom Wike, Rivers; Okezie Ikpeazu, Abia; Ifeanyi Ugwuanyi, Enugu, and Abiodun Makinde, Oyo, as well as former Benue State Governor Gabriel Suswam.

LEADERSHIP gathered that because of the seriousness of the meeting for national unity and cohesion as it regards zoning arrangements in the major opposition PDP, Babangida decided to invite General Abdulsalami who is the chairman of National Peace Committee for the meeting to devise a way to resolve the problem.

It was learnt that the southern governors had visited to seek the intervention of IBB on the need to impress it on northern aspirants to allow presidential power to return to the South for cohesion after President Muhammadu Buhari’s two terms in office. A source hinted that the governors are worried that the party may not be able to make the desired impact in 2023 if the northern aspirants refuse to see reason on why a southern candidate should emerge as the party’s presidential flag bearer for 2023.

It was learnt that the southern PDP governors reminded Babangida about his emphasis on the unity of the country when the PDP presidential aspirants from the north visited.

Babangida, it was learnt, emphasised that the unity of the country is paramount to him than any other consideration and promised to see how a balance could be struck for the needed cohesion.

Speaking to journalists immediately after the closed-door meeting at IBB’s hilltop house, Abia State Governor Okezie Ikpeazu said they were in Minna to consult with the two former heads of state on national issues and economic development of the country.


He said, “We commended him for his support for the unity of this country and the discussions went very well and we will take it from there.”

Asked the takeaway from the meeting, Ikpeazu said that the former military president specifically “expressed concern and expressed his expectation for the younger generation to take up the baton of leadership and rescue Nigeria.”

Meanwhile, Edo State Governor Godwin Obaseki yesterday received PDP leading presidential aspirants to discuss the party’s zoning formula ahead of the 2023 general elections.

They include the governors of Sokoto and Bauchi states, Aminu Tambuwal and Bala Mohammed; former Senate President Bukola Saraki and foremost economist, Alhaji Mohammed Hayatudeen, among others.

Receiving the visitors at the Government House in Benin City, Obaseki said the country was in dire need of a leader with the capacity to unite and rebuild the nation.

“Forty years ago, we had a big cake to share but not today. That cake has disappeared. Whoever aspires to be president of this country must be somebody who Nigerians are ready to give ingredients to start to rebuild a bigger cake for us all.

“For us in Edo, we are ready for building a bigger, stronger and better Nigeria as we can’t continue the way we are today,” he said, adding the next leader of the country is not about individual aspirations but about Nigeria’s wellbeing.

Earlier, Saraki, who spoke on behalf of others, said the visit was to canvas the option to adopt a consensus candidate ahead of the 2023 general elections.

He said, “We all know the various situations that exist in our country and the need for the PDP to provide a platform, and in doing that, we realise that the interest of the country is more paramount to our own interests.

“As such, we have come together and agreed that we should work out a consensus where we don’t all just go to the field. We don’t want our energy to be focused on just trying to get to power, but on how to help make Nigeria better.”

A statement issued by the Saraki’s media team said Obaseki and Okowa supported the planned arrangement by the four aspirants of Northern extraction for the party to produce its next presidential candidate by consensus.

According to the statement, Saraki said what the country needs now is “the best hand to turn this country around.”

In Asaba, Saraki, who lauded Governor Okowa for his staunch commitment to the success of the PDP nationwide, stated that the consensus arrangement they are proposing “is not just about the issue of the North, but about Nigeria. “All of us are eminently qualified to rule this country, but we believe that this time only one person will win, and that person needs everybody to make Nigeria better. He needs everybody to fix this country. And, as we have shown, our interests are second to that of the country.”

He said it was important for the party to go with the consensus arrangement and maintain its unity in the process.

Ortom Committee Decides On Zoning Today

Meanwhile, the 37-member PDP zoning committee, led by Benue State governor Samuel Ortom, will decide and recommend which geo-political region should fly the party’s presidential ticket in the 2023 election.

The committee, comprising one member drawn from each of the 36 states and the federal capital, Abuja, was assigned the task by the PDP National Executive Committee (NEC) with a mandate to report in two weeks’ time.

Ortom, at the maiden meeting of the committee last week, assured that it will come up with a recommendation that will be acceptable to all stakeholders in the country.

He however postponed the meeting till today.

Debate over zoning has failed to abate, with no fewer than 14 presidential aspirants, cut across the geo-political zone, have picked forms.

Yesterday, former Vice President Atiku Abubakar submitted his presidential nomination forms at the PDP national secretariat, Abuja.

The forms were submitted for him by media mogul, High Chief Raymond Dokpesi, who was accompanied by Senator Dino Melaye.

At the submission of the Atiku presidential form, Dokpesi said the Atiku campaign team has “nothing against whatever the party will decide, but the zoning will not be against us.”

On his part, Dino Melaye said “Atiku was the first to pick his form and the first to submit his form. God has told me that Atiku will be the president of Nigeria.”

chrisxxx:

Let's not preempt the SC

chrisxxx:

Court has said yes ab initio. Umahi is contesting that.

The Appellate Court in an unanimous judgement delivered by a three-man Panel (Justices A O Belgore, J O K Oyewole and Sybil Nwaka-Gbagi), held that, the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.

The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.

According to the learned Justices, defection of an office holder is not novel to Nigeria’s judicial jurisprudence

Umahi vs Ogboji, 2022

chrisxxx:
I don't know what Umahi is celebrating. The case thrown out was one someone wanted to reap where he didn't sow. The plaintiff said since Unahi had been thrown out he should be sworn in as the governor for coming second in the election that brought in Umahi. It is a different case from the one that threw him out.

The Appellate Court in an unanimous judgement delivered by a three-man Panel (Justices A O Belgore, J O K Oyewole and Sybil Nwaka-Gbagi), held that, the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.

The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.

According to the learned Justices, defection of an office holder is not novel to Nigeria’s judicial jurisprudence

Umahi vs Ogboji, 2022

PointZerom:


E don chock you.

He's already gone.

Tareq1105:


We've always told you people that Wike procured the high court judgement.

It's not written anywhere in the constitution or Electoral Act that president, vice president, governor, or deputy governor should be removed on account of defection.

See Atiku vs AGF (2007) and I'm happy the judge cited it. It's a judgement of supreme court.

I don't know what else you Ipob wanted. Law is not about your emotions but law.

Wike bought the earlier judgement but can he buy the entire Nigerian judiciary? No.

So Ayade and Umahi should be allowed to continue with the works they were elected to do.

fergie001:

It is not even debatable.....I like Ekwo but I think he was voyaging into morality with that his judgement.

I don't think Oyewole has a chance now, but he will someday because of age...or be used as compensation if oga doesn't get in.
He also has seniors too.

Jimi Bada is No 3 & from Osun and the most Senior Appeal Court Judge from SW

OMOLEYE (4) - Ekiti

LOKULO-SODIPE (14) - Ogun

AKEJU (21) - Ekiti: He was in the panel that affirmed Oyetola and also Buhari

AWOTOYE (22) - Osun

ABIRU (32) - Lagos

Ige (33) - Oyo

ADEFOPE-OKOJIE (39) - Ogun

BOLAJI-YUSUF (41) - Oyo

Williams-Dawodu (45) - Lagos

PointZerom:


A governor can decamp if there's crisis in party but Umahi decamped because according to him PDP won't give him ticket for president.
Since there was no crisis and he decamped he'll return the stolen mandate.

PointZerom:


In the recent history in Kogi state, when Abubakar Audu died in the middle of an election, the Court said the votes that Audu had already gathered before he died belonged to the party, and those votes were accredited to the APC.

Even when PDP said no, cancel the election and re-conduct, the Court said no, we don’t need to cancel the election, the party that contested the election is still on ground, even though their agent has died, it doesn’t matter”.

In the case of Umahi , the PDP went to Court and said, “we are the owners of the votes, Ebonyi people gave us the votes, we are the owners of the mandate. This man was a mere flag bearer, he decided to leave us, he cannot go with our mandate, let him drop our mandate and leave on his own”

PointZerom:


Na so,
This judgement is different from the other one.
He will be removed...mark my word.

The Appellate Court in an unanimous judgement delivered by a three-man Panel (Justices A O Belgore, J O K Oyewole and Sybil Nwaka-Gbagi), held that, the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.

The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.

According to the learned Justices, defection of an office holder is not novel to Nigeria’s judicial jurisprudence

Umahi vs Ogboji, 2022

luizpippo:


This is different from PDP's case na

press9jatv:
Appeal Court dismisses APC 2019 guber candidate, Sonni Ogbuoji's suit against Gov Umahi, deputy.

rippa:

Did u read the post or just jumped to conclude as usual
This was not a PDP case, it was a case brought to court by the APC candidate that contested with him in the last election. The APC candidate is saying since he decamped to the same party with him, he should forfeit the seat for him.
It will take lobbying and alot of bribing to stop the PDP case from coming out because it is a legit case

The Appellate Court in an unanimous judgement delivered by a three-man Panel (Justices A O Belgore, J O K Oyewole and Sybil Nwaka-Gbagi), held that, the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.

The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.

According to the learned Justices, defection of an office holder is not novel to Nigeria’s judicial jurisprudence

Umahi vs Ogboji, 2022

Forumobserver12:
What kind of poor reporting is this? This case is clearly different from the one instituted by the PDP, why the sensationalism?

The Appellate Court in an unanimous judgement delivered by a three-man Panel (Justices A O Belgore, J O K Oyewole and Sybil Nwaka-Gbagi), held that, the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.

The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.

According to the learned Justices, defection of an office holder is not novel to Nigeria’s judicial jurisprudence

Umahi vs Ogboji, 2022

fergie001:

You are not getting the point.

They are two different cases:

PDP v Umahi, Igwe, APC & INEC (Federal High Court, Abuja)
Sonny Ogbuoji & Ogodo v Umahi, Igwe (Ebonyi High Court)

The second one is what the judge is ruling on. Sonny Ogbuoji was the 2019 APC Guber candidate, Ogodo was his Deputy. If you look carefully, neither the PDP nor INEC was in their suit.

Even if they are given judgement, INEC won't act because they aren't parties to the suit.

The first one is still before the Appeal Court in Abuja.

---

I still believe that of Abuja will still keep him. It's straightforward.

The Appellate Court in an unanimous judgement delivered by a three-man Panel (Justices A O Belgore, J O K Oyewole and Sybil Nwaka-Gbagi), held that, the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.

The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.

According to the learned Justices, defection of an office holder is not novel to Nigeria’s judicial jurisprudence

Umahi vs Ogboji, 2022

The Appellate Court in an unanimous judgement delivered by a three-man Panel (Justices A O Belgore, J O K Oyewole and Sybil Nwaka-Gbagi), held that, the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.

The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.

According to the learned Justices, defection of an office holder is not novel to Nigeria’s judicial jurisprudence

Umahi vs Ogboji, 2022

The Appellate Court in an unanimous judgement delivered by a three-man Panel (Justices A O Belgore, J O K Oyewole and Sybil Nwaka-Gbagi), held that, the defection of a political office holder may appear immoral, but it was not the duty of the Court to embark on investigation or probe into the provisions of the laws, warning that judicial activism must not be turned into judicial rascality.

The Appellate Court further held that there is no provision in sections 180, 188 or 189 of the 1999 constitution as amended, that empowers the Court to remove either a seating governor or the deputy.

According to the learned Justices, defection of an office holder is not novel to Nigeria’s judicial jurisprudence

Umahi vs Ogboji, 2022

Gidyonz:
Who made him a consensus candidate

Federal high court sitting in Umuahia the Abia State capital has declared section 84 (12) of the amended Electoral Act 2022 a nullity, directs Attorney general of the Federation to delete the section.

The Federal High Court sitting in Umuahia, Abia State has ordered the Attorney General of the Federation to immediately delete Section 84 (12) of the Amended New Electoral Act.

While signing the Electoral Bill into law last month, President Buhari had asked the National Assembly to delete section 84 (12), which restricts sitting cabinet members from contesting for elective offices without resigning.

The section says: “No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election”.

President Buhari argued that “Section 84 (12) constitutes a disenfranchisement of serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election”.

However, the Senate refused to consider the president’s request and threw out the bill seeking the amendment of the section, with lawmakers stressing that an amendment of Section 84 (12) would be going against the civil service norms and would be injurious to the well-being of the society.

On Wednesday, the AGF said following the Senate’s refusal, the Federal Government will consider all options available to it before a position will be taken.

Malami further explained that even though it is the responsibility of the lawmakers to legislate, if it becomes necessary, the government will exploit other options which will include either putting forward another request to the parliament for reconsideration, approaching the court, or accepting the law just as it is.

An FCT High Court has issued an order vacating the restraining injunction against the March 26 convention of the All Progressives Congress (APC).

Justice Bello Kawu on Friday held that a member of a political party cannot sue the party.

He said the the order of November 18, 2021, has been overtaken by a recent Supreme Court judgement on a similar matter.

The court fixed March 30 for the substantive suit.

jimter44:
Any judgment passed by the supreme court invariably becomes law. The supreme court has on many occasions held that the votes belong to the political party. The case of PDP (James Faleke) vs APC (Yahaya Bello) is even recent. The Ebonyi people voted for PDP on 9/03/19. How come in 2021 to date is APC that is in power in the state? If the votes belong to the candidate, gov Umahi has the right to take his votes to any political party. You can't take another party mandate and give another party. I believe, Ebonyians voted for umahi because he was in the PDP and if he was in APC, they wouldn't have voted for him.

JONNYSPUTE:
.... You ve said it all. The judgment by Ekwo was based on moral grounds but the truth of the matter is that both the political parties and our Constitution did not capture the issues of defection inrespect of the executives so I'm still wondering where the judge based his judgement from.

We should also understand that the constitution of a country supercedes every other laws

fergie001:
Can the defection of a Governor/Deputy-Governor/President/Vice-President lead to his/her removal from Office?

NO.

Bobloco:
That there's no precedence upon which to base this case doesn't mean that this Umahi's case won't become precedence.

Massiveglory:
Op kahal29, you have come again. When result come out now, you will disappear or switch monicker.
This was how u gave the pastor in edo state hope , until he lost Everywhere. Neither were you seen anywhere.