₦airaland Forum

APC SAYS FEDERAL HIGH COURT DECISION ON DEFECTION OF GOVERNOR UMAHI CLEAR CASE OF TRAVESTY OF JUSTICE & JUDICIAL RECKLESSNESS, EFFECT IS DEAD ON ARRIVAL.

1. Our attention has been drawn to the judgement made by Hon Justice Inyang Ekwo of Court 5 of Federal High Court FCT, Abuja and the travesty of Justice occasioned by the recklessness of his Judicial decision.


2. The crux of the matter is a suit by People's Democratic Party,PDP seeking to sack the Governor of Ebonyi State ,His Excellency Engr Chief David Nweze Umahi FNSE FNATE (Akubaraoha) and his Deputy for defecting to All Progressives Congress ( APC). The parties raised issues for determination which all bother on whether or not defection to another political party from a party that elected the Governor or his Deputy amounts to a breach of any section (s) of the constitution or the Electoral Act that should warrant a Judicial interpretation, raising declaratory and or injunctive orders against the Governor of a State and or his Deputy.


.3. The Presiding Judge committed a glaring judicial error by giving judgement sacking a duly elected and sworn-in Governor and his Deputy without relying on or citing any provision(s) of the constitution of the Federal Republic of Nigeria or any provision of the Electoral Act that empowers the court to sack a sitting Governor and or his Deputy. This is purely a travesty of Justice.

4. The Court failed, refused and or neglected to understand the clear difference between a Governorship candidate of a Political Party as contemplated by the Electoral Act and a Governor of a State duly sworn in as contemplated by the Constitution of the Federal Republic of Nigeria.The Court presided by Hon. Justice Inyang Ekwo further went ahead to rely on the outdated authority of Amaechi v INEC( Omegha case) without exercising the Judicial power of Judicial distinction between pre-election/ electon matters and this matter of elected Governor defecting to another Political Party. He chose not to appreciate or he lacked the understanding of the difference between a Governor of a State and Governorship candidate of a Political Party. The Electoral Act and the judgement in Amaechi v INEC contemplate who is the right candidate of the Party and not the issue of defection, as you all know neither Amaechi nor Omegha raised issue of defection to another Political Party. So it is absolutely rediculous and questionable, as it shameful that a judge could decide a weighty matter such as conditions for sacking the Governor of a State without relying on any express provision of the Constitution or Electoral Act or Judicial Authority either of superior courts or even courts of coordinate jurisdiction.

5 It will be noted that a State High Court sitting in Ebonyi State presided by Hon Justice Henry Njoku ( who is more Senior in Bench than Hon Justice Inyang Ekwo of the Federal High Court 5 Abuja) has given judgement on the issues sought in this Ekwo Judgement). The Governor of Zamfra State was recently given a clean bill of health in the matter for which this same issue of defection was sought to be determined. In that case the Federal High Court, in its well considered judgement stated that there is no provision in any law of the land or the Constitution of Nigeria that empowers any court in Nigeria to sack or tamper with the office of a siting Governor and or Deputy for the reason of DEFECTION TO ANOTHER POLITICAL PARTY.

6. The constitution of Nigeria upholds the supremacy of the right of association of persons (even to defect from one political party to the other). This is the prevailing position of the Supreme Court of Nigeria in the case of AG Fed & 2 ors v Alhaji Abubarkar & 3 ors ( SC 31/2007) (2007) NGSC 118, 20th April 2007. The case interpreted the right of FREEDOM OF ASSOCIATION to determine whether the action of a Vice President abandoning the political party whose platform he and the President were elected and joining another Political Party without resigning, amounts to CONSTRUCTIVE RESIGNATION from office, to warrant the seat of the Vice President to be declared vacant.

The Supreme Court held that the Vice President ( the President , the Governor, the Deputy Governor) can can only vacate office pursuant to section 306( resignation) or sections 143 & 144 of the Constitution of Nigeria which is parimateria with sections 188 & 189 of the same Constitution..

7. The Federal High Court sitting in Zamfra State has also relied on this Judicial Authority as the Law. In that case, the Court most recently held that Governor Bellow Matawallle VIOLATED NO provision of the Constitution of Nigeria and or PDP or APC's constitution by his defection.


8. We therefore urge the people of Ebonyi State, the associates and fans of the visionary Governor of Ebonyi State,His Excellency Engr Chief David Nweze Umahi FNSE FNATE (Akubaraoha) to go about their normal business and disregard the outcome of the Ekwo Judgement as being dead on arrival and having no iota of effect on the res of the matter as the Governor is sitting solidly and undistracted.

Signed
Salisu Na'inna Ɗambatta
Director (Publicity)
APC National Headquarters
Abuja.
March 8, 2022.

Umahi remains d governor of Ebonyi. Nothing can stop him. D Judge is just jalous of d recent development and progress of Ebonyi state which was brought abt by d wonderful Umahi
We d Ebonyians love him big. He is indeed awesome

APC should go to court and stop spamming the internet. Umahi is gone.

okrote4real:
APC SAYS FEDERAL HIGH COURT DECISION ON DEFECTION OF GOVERNOR UMAHI CLEAR CASE OF TRAVESTY OF JUSTICE & JUDICIAL RECKLESSNESS, EFFECT IS DEAD ON ARRIVAL.

1. Our attention has been drawn to the judgement made by Hon Justice Inyang Ekwo of Court 5 of Federal High Court FCT, Abuja and the travesty of Justice occasioned by the recklessness of his Judicial decision.


2. The crux of the matter is a suit by People's Democratic Party,PDP seeking to sack the Governor of Ebonyi State ,His Excellency Engr Chief David Nweze Umahi FNSE FNATE (Akubaraoha) and his Deputy for defecting to All Progressives Congress ( APC). The parties raised issues for determination which all bother on whether or not defection to another political party from a party that elected the Governor or his Deputy amounts to a breach of any section (s) of the constitution or the Electoral Act that should warrant a Judicial interpretation, raising declaratory and or injunctive orders against the Governor of a State and or his Deputy.


.3. The Presiding Judge committed a glaring judicial error by giving judgement sacking a duly elected and sworn-in Governor and his Deputy without relying on or citing any provision(s) of the constitution of the Federal Republic of Nigeria or any provision of the Electoral Act that empowers the court to sack a sitting Governor and or his Deputy. This is purely a travesty of Justice.

4. The Court failed, refused and or neglected to understand the clear difference between a Governorship candidate of a Political Party as contemplated by the Electoral Act and a Governor of a State duly sworn in as contemplated by the Constitution of the Federal Republic of Nigeria.The Court presided by Hon. Justice Inyang Ekwo further went ahead to rely on the outdated authority of Amaechi v INEC( Omegha case) without exercising the Judicial power of Judicial distinction between pre-election/ electon matters and this matter of elected Governor defecting to another Political Party. He chose not to appreciate or he lacked the understanding of the difference between a Governor of a State and Governorship candidate of a Political Party. The Electoral Act and the judgement in Amaechi v INEC contemplate who is the right candidate of the Party and not the issue of defection, as you all know neither Amaechi nor Omegha raised issue of defection to another Political Party. So it is absolutely rediculous and questionable, as it shameful that a judge could decide a weighty matter such as conditions for sacking the Governor of a State without relying on any express provision of the Constitution or Electoral Act or Judicial Authority either of superior courts or even courts of coordinate jurisdiction.

5 It will be noted that a State High Court sitting in Ebonyi State presided by Hon Justice Henry Njoku ( who is more Senior in Bench than Hon Justice Inyang Ekwo of the Federal High Court 5 Abuja) has given judgement on the issues sought in this Ekwo Judgement). The Governor of Zamfra State was recently given a clean bill of health in the matter for which this same issue of defection was sought to be determined. In that case the Federal High Court, in its well considered judgement stated that there is no provision in any law of the land or the Constitution of Nigeria that empowers any court in Nigeria to sack or tamper with the office of a siting Governor and or Deputy for the reason of DEFECTION TO ANOTHER POLITICAL PARTY.

6. The constitution of Nigeria upholds the supremacy of the right of association of persons (even to defect from one political party to the other). This is the prevailing position of the Supreme Court of Nigeria in the case of AG Fed & 2 ors v Alhaji Abubarkar & 3 ors ( SC 31/2007) (2007) NGSC 118, 20th April 2007. The case interpreted the right of FREEDOM OF ASSOCIATION to determine whether the action of a Vice President abandoning the political party whose platform he and the President were elected and joining another Political Party without resigning, amounts to CONSTRUCTIVE RESIGNATION from office, to warrant the seat of the Vice President to be declared vacant.

The Supreme Court held that the Vice President ( the President , the Governor, the Deputy Governor) can can only vacate office pursuant to section 306( resignation) or sections 143 & 144 of the Constitution of Nigeria which is parimateria with sections 188 & 189 of the same Constitution..

7. The Federal High Court sitting in Zamfra State has also relied on this Judicial Authority as the Law. In that case, the Court most recently held that Governor Bellow Matawallle VIOLATED NO provision of the Constitution of Nigeria and or PDP or APC's constitution by his defection.


8. We therefore urge the people of Ebonyi State, the associates and fans of the visionary Governor of Ebonyi State,His Excellency Engr Chief David Nweze Umahi FNSE FNATE (Akubaraoha) to go about their normal business and disregard the outcome of the Ekwo Judgement as being dead on arrival and having no iota of effect on the res of the matter as the Governor is sitting solidly and undistracted.

Signed
Salisu Na'inna Ɗambatta
Director (Publicity)
APC National Headquarters
Abuja.
March 8, 2022.

Which of the dying apc? Mai Bala buni or Abubakar Sani Bello's apc?? Besides, why not save your argument for appeal instead of writing a useless long epistle

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A.nother

P.roblematic

C.ourt

Justice Walter Onoghen JSC while summing up the position of the Court, in his concurring judgment on the issue of defection held inter alia: “There is nowhere in the 1999 Constitution that it is stated that the President or Vice-President of the Federal Republic of Nigeria shall be removed or is removeable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party”. See celebrated case of Attorney-General of the Federation v Atiku Abubakar (2007) 10 NWLR (PT. 1041).

Above is an extract from the decision of the Supreme Court in Obasanjo vs. Atiku. This is the case that set the precedent for the defection of president, Vice President, governors and deputy governors. The judgement of the high court is not even worth the paper it is written on.

Apart from appealing the judgement, APC should take it further by reporting the biased judge to NJC. The PDP sympathetic judge must be sanctioned. He’s a disgrace to the bench.

... This judge just messed up.

Judicial Nonsense self

This judge is becoming notorious for giving mischievous judgements

seunmsg:
Above is an extract from the decision of the Supreme Court in Obasanjo vs. Atiku. This is the case that set the precedent for the defection of president, Vice President, governors and deputy governors. The judgement of the high court is not even worth the paper it is written on.

Apart from appealing the judgement, APC should take it further by reporting the biased judge to NJC. The PDP sympathetic judge must be sanctioned. He’s a disgrace to the bench.

Go and Sanction him, what are you waiting for? By Friday Latest, Umahi the Mandate thief will be referred to as former Governor of Ebonyi State.

alsudan:
Go and Sanction him, what are you waiting for? By Friday Latest, Umahi the Mandate thief will be referred to as former Governor of Ebonyi State.

Stop clowning

That judge needs to be vaccinated against having sympathy for the Poverty Development Party

JAMO84:
That judge needs to be vaccinated against having sympathy for the Poverty Development Party

see painment

And Imo state is judicial wonderful

Which faction is speaking?

Is it Sani Bello faction

Or Buni faction?

A= ap
P= peal
C= court.

We, sane Ebonyians can't affort to loose Umahi.
He will complete his tenure and finish his laudable projects for us.

Since Nigeria does not recognize independent candidates, votes are recorded for parties and not individual, that is why politician's name doesn't appear on ballot papers, it is the political party's, therefore any ruling contrary to this will constitute an abuse to the electoral law!

Correct

seunmsg:
Above is an extract from the decision of the Supreme Court in Obasanjo vs. Atiku. This is the case that set the precedent for the defection of president, Vice President, governors and deputy governors. The judgement of the high court is not even worth the paper it is written on.

Apart from appealing the judgement, APC should take it further by reporting the biased judge to NJC. The PDP sympathetic judge must be sanctioned. He’s a disgrace to the bench.

More from justice Onnoghen

It is the constitutional responsibility of the legislature to make or amend the laws including the constitution, where the need arises, while that of the judiciary remains to interpret and apply the laws so made or amended. The courts can therefore not add or subtract from the law as enacted by the legislature under the guise of judicial interpretation of the constitution or statute…”