JohnBullMySon:
Whether an appeal is launched or not, a court order must be obeyed until a higher court overturns it. Take for example peter Obi's case. He was in court for three years, during that period was he governor?

Doesn’t work like that in electoral matter. All appeals must be concluded before INEC can issue another person a certificate of return. By the way, the court did not declare that INEC should issue a certificate of return to anybody so the judgement can’t even be implemented.

seunmsg:
No shaking. PDP is not smelling Ebonyin state house anytime soon.

Mr yoruba muslim, Eboyi is not that difficult to spell. Stop writing everything with your ng.bati ng.bati accent and open your skull for fresh ideas.

politicoNG:


https://www.sunnewsonline.com/i-remain-governor-of-ebonyi-umahi/




https://www.vanguardngr.com/2022/03/breaking-im-still-governor-of-ebonyi-umahi/

. Is there a provision in the constitution to support this judgement? No. The SC ruled in Atiku vrs PDP that executive could decamp to any party. No constitutional limitation on that. Today's judgement is a judicial drama and a case of judicial laughing stock

Mitsurugi:





That is the true position of the law which a lot of parties refuse to put to the test because of their own selfish interests. Don't mind the likes of seunmsg. I long stopped seeing his ilk as patriotic. Useless politicians who keep jumping about with no ideology or scruples.

As a Yoruba boy I see this reeling of hate and envy because an intelligent lawyer will know that there is no provision in the Constitution that says a governor can be removed by the court based on party politics by the aggrieved except by two third majority of the state house of assembly via impeachment... secondly it's actually laughable that the appeal court that gave the said judgement is not the highest court loool

Nigeria politicking

Pdp will reclaim Ebonyi State next year.

seunmsg:
No shaking. PDP is not smelling Ebonyin state house anytime soon.

jrusky:
Mr man better obey court order or get arrest for disobeying court order, you better remember your Buhari is on vacation you will be lock up before he return if you refused court order.

Is it the supreme court that gave the order?

Peacecore:
u ppl will just sit down n right what dat comes to ya mind just bcoz u don't like a particular political party. U now believe that judgement in Nigeria can't be bought or influence rather than by evidence since it favoured ya party. It would've been d other way round if Obaseki was sacked when he cross_carpeted to contest for PDP primary with APC mandate. Nigerians and double standard are like 5&6.

So what evidence do you have that judgement was bought? You're the one actually writing whatever comes to your mind. I just told you why the judge may not be found culpable. Btw for your information, someone might commit a crime and be declared innocent in the court if he's able to prove beyond doubt to the judge that he didn't commit the crime when he actually did. The judge is not a spirit that he knows everything that happens in the bedroom. He relies on you proving your case with facts and evidence before he can make a judgement on that basis. So it's obvious that rather than attack the judge you should rather attack umahi's lawyers did not do a good job in defending him. And I trust PDP with their skilled lawyers would take APC to the cleaners unless APC buys the judgement.

Tareq1105:


Can you tell us the address of the Chambers of Wike and Tambuwal?

Wait wait.... and the hospital of Dr Saraki.

Useless political animals.

Lolz my sympathy sir lol

Foolishbuhari:


I just told you how Saraki and the rest were able to escape theirs in the last paragraph of what you quoted.

Prior to 2019 polls, the APC had internal tussles, but no factions. The APC also didn't take the defectors to court, so that's their win and APC'S loss.

Oga stop. Being clever by half. Saraki as senate president and Dino and some lawmakers Obaseki, or Orton etc defected

FreeStuffsNG:
If this report is true, then this is not a dignified response,it is too emotional and can embarrass his lawyers when presented in court.
Sincerely,I sympathize with him.

My consolation remains that all these sudden developments will still end in praise to God for the Asiwaju Tinubu victory at the Presidential poll.

On the mandate of Asiwaju Tinubu I stand. Please support and vote for Asiwaju Tinubu.
#Iyanumashele
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christistruth01:
The Judgement has also disqualified Gov Obaseki of Edo State and his deputy

That means he was not a valid PDP Candidate

Are you reasoning thru your anus?

Obaseki defected, then contested election under a party platform. Umahi on the other hand defected after winning elections under a party platform to another party. He should loose the seat.
There wasn't any crises in PDP as at the time he defected.

Any elected political office holder that defect from the party that elected him should lost his or her seat with immediate effect.
The Law Makers will not include this in the Nigerian Constitution review because this will definitely stop political prostitution and make our country great again

alsudan:
You remain Governor for how long Arrogant man?

The Supreme Court will give you the final boot and be sure it’s gonna happen this year.

He can't remain governor hope uzodima became governor because of court rulings so he has no choice than to vacate the sit he should contest under APC government

pquaver:


Oga stop. Being clever by half. Saraki as senate president and Dino and some lawmakers Obaseki, or Orton etc defected

Why is it do difficult for you to see my write ups? Did the APC take them to court? No they didn’t!

Why would they, when they filled up their ranks same Way to electoral victory! LMAO

With all this stunts going on, I wonder who the people votes for, is it the Parties or Flag bearer? I Know one must be a candidate of a party to be elected, and not the party being the candidate for the person.

SmartPolician:


Story for the deities!

If this case gets to the Supreme Court and the court passes its verdict, Umahi will vacate that seat immediately or be thrown away.

Power pass power!

so na only supreme court be valid judgement.
I don't blame you, you're just a product of the national disaster

Foolishbuhari:


Why is it do difficult for you to see my write ups? Did the APC take them to court? No they didn’t!

Why would they, when they filled up their ranks same Way to electoral victory! LMAO

Oga it is a kangaroo judgement that won't go past the appeal court unless Umahi refuses to appeal..

At the bolded didn't but individuals have in separate case and it didn't stand so it won't stand

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

politicoNG:


https://www.sunnewsonline.com/i-remain-governor-of-ebonyi-umahi/




https://www.vanguardngr.com/2022/03/breaking-im-still-governor-of-ebonyi-umahi/

In as Much as I am not a fan of Dave Umahi and his satanic party .
This judgement was meant to let him for go his presidential ambition and focus on fighting his case to supreme court , by then the Yoruba candidate would have taken the slot .

biafranrealson:
In as Much as I am not a fan of Dave Umahi and his satanic party .
This judgement was meant to let him for go his presidential ambition and focus on fighting his case to supreme court , by then the Yoruba candidate would have taken the slot .

But the Yoruba candidate will mumu himself with poo and wee on any campaign day
Las las pdp fit win or an independent candidate

Arrogant man.

Arrogant man.

You have lost APC presidential ticket.

Your mind has a big problem.

I think you have lost everything politically.

Go and continue mourning.

Confirmedzombie:
As a senior lawyer I think the judge misfired

It is best to petition the NJC while Appeal is filled

There is no provision in the constitution of Nigeria that says any governor who defects to other party loses his position.

As at the time Umahi defected, PDP were in crisis over its former National chairman Uche Sevondus.

Im very sure the Judge will be sanctioned.

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?

ejimatic:
. Is there a provision in the constitution to support this judgement? No. The SC ruled in Atiku vrs PDP that executive could decamp to any party. No constitutional limitation on that. Today's judgement is a judicial drama and a case of judicial laughing stock

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?

Confirmedzombie:
As a senior lawyer I think the judge misfired

It is best to petition the NJC while Appeal is filled

There is no provision in the constitution of Nigeria that says any governor who defects to other party loses his position.

As at the time Umahi defected, PDP were in crisis over its former National chairman Uche Sevondus.

Im very sure the Judge will be sanctioned.

Since when did it become a norm for a judge to be sanctioned for arriving at a judgment one way or the other when the aggrieved party is entitled to lodge an appeal against same.

JONNYSPUTE:
... The judge was misguided. What you are saying only applies to the legislative and not the executive.Provided is not a pre election matter,a sitting govonor can only be removed through death,impeachment or voluntary resignation.

Read section 909 of the constitution which berates politicians defecting to other parties with mandate gotten from the electorates. It's not allowed/prohibited. Umahi and the legislators falls foul of the law and are within this category.

100% correct

FreeStuffsNG:

HE Obaseki and his Deputy actually contested as PDP candidates so their mandate was from votes validly counted for PDP sir.
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Confirmedzombie:
As a senior lawyer I think the judge misfired

It is best to petition the NJC while Appeal is filled

There is no provision in the constitution of Nigeria that says any governor who defects to other party loses his position.

As at the time Umahi defected, PDP were in crisis over its former National chairman Uche Sevondus.

Im very sure the Judge will be sanctioned.

u a senior lawyer? Senior to who? U just spoke like a kindergarten

damirosky60:



Show me which section in the constitution that says a governor and his deputy will vacant their various positions if they defect to another political party.

A precedence can form law....Somebody has to start it..

seunmsg:
No shaking. PDP is not smelling Ebonyin state house anytime soon.

Says the guy living in a village in osogbo.

christistruth01:
The Judgement has also disqualified Gov Obaseki of Edo State and his deputy

That means he was not a valid PDP Candidate

Obaseki's case is different. APChit denied him of seeking for a second term he had to turn to PDP which gave him a platform to contest. Totally different case