₦airaland Forum

Prof. Itse Sagay (SAN), Chairman of the Presidential Advisory Commit­tee Against Corruption (PACAC); Mal­achy Ugwummadu, immediate past president, Campaign for the Defence of Human Rights (CDHR), and Han­nibal Uwaifo, President of the African Bar, on Tuesday said they agree with the court ruling sacking Governor David Umahi of Ebonyi State and his deputy, Kelechi Igwe.

Sagay, while arguing that the provi­sion that governors should resign after defecting from their political party is not mentioned in the constitution as it only specifically said lawmakers, however, said the principle is a good one as it has been established in the case of Rotimi Amaechi versus Celestine Omehia.

He also said Umahi and his deputy can appeal the judg­ment within the stipulated time allowed in the constitu­tion.

“That judgment has been established by the Supreme Court in Amaechi’s case. The constitution specifically stated that when an elected member of the National Assembly changes from one party to an­other, he will lose his seat and will have to recontest it, unless there is a split in his party and a faction of it decides to join another party. That is the pro­vision of the constitution. No reference was made to gover­nors.

“So, what this judge has done is to extend to governors a provision which is specifi­cally addressed to National Assembly. In my view, there is a little bit of judicial legislation going on here because gover­nors were not mentioned in the constitution even though I don’t know why that was so.

“However, the principle that if you are elected on the platform of one party, you shouldn’t change to another party without resigning is a good one. I think it was an unfortunate omission that the governors were not included. But I agree with the judge that the same principle applies, both as a principle of law and morality. But I definitely know there will be an appeal on that ground that there is no specific mention of that in the consti­tution”.

Malachy Ugwummadu, im­mediate past president, Cam­paign for the Defence of Hu­man Rights (CDHR), said the judgment is a very interesting and intriguing development.

“It seems to have critically taken into account the fact that elections are won in Nigeria on the platforms of political parties. According to section 222 of the 1999 constitution of Nigeria, political parties are the vehicles to access political power and having emerged as a Governorship candidate or dep­uty Governorship candidate, respectively, it is believed that the PDP won the election and it should be in Government in Ebonyi State.

“The idea of defecting from that same platform on which he emerged as the Governor cannot be tenable in the sense that you cannot separate your­self from the political party that brought you to power.

“This is talking about Gov­ernorship, it is not exactly the situation with members of the legislators both at state and fed­eral level where a legislator can decamp from his political party to yet another if he is unable to justify that the party based on which he came into power has gone into disarray.

“There is no such constitu­tional provision in relations to the Governor and the deputy’s positions, but the court reval­idates the position of our law that election into executive po­sitions are formed on basis of political system and you cannot begin to jump from one party to another. This is regardless to what your right to freedom of association says.

“Again, section 177(c) of the constitution in relation to this matter also says such a person must be a member of a political party and he must be sponsored by that party. So, at the time he contested he was a member of the PDP, when he defected and jumped into another party, could he still retain his identity as a member of the political party, that is contradic­tory; and now that you are on the other side, which party do you lay claim on? I think it’s to avoid that kind of controversy that the court has come to such conclusion. Like I said, it will continue to be debated because the law did not talk about what happens when a Governor de­fects in such a situation”, he said.

President of the African Bar, Mr. Hannibal Uwaifo, said the court has just interpret­ed what the law says on such matter.

“You are not supposed to de­fect from a political party that brought you into office, think­ing you can get away from it.”

Court Sacks Governor Umahi, Deputy, 17 Lawmakers

It would be recalled that Justice Inyang Ekwo of the Federal High Court, Abuja, on Tuesday ordered Governor David Umahi of Ebonyi State and his deputy, Dr. Eric Kele­chi Igwe, to vacate their offices due to their defection from the PDP to the All Progressives Congress (APC).

The court also in a judgment on the suit marked FHC/ABJ/ CS/1041/21, sacked the 16 mem­bers of the Ebonyi State House of Assembly that equally de­fected from the PDP to the APC, directing that they should re­fund all remuneration earned from the day of their defection till date.

The affected lawmakers are Odefa Obasi Odefa, Victor Uzoma Chukwu; Kingsley Ikoro, Benjamin Joseph Un­unu, Nkemka Okoro, Anthony Nwegede, Chinwe Nwachuk­wu, Onu Nwonye, Friday L. Nwuhuo, Moses Odunwa, Chinedu Awo, Chinedu Onah, Chukwuma Igwe, Chukwu Arinze Lucas, and Francis Og­bonnaya Nwifuru.

The court made the order in a judgment on a suit marked FHC/ABJ/CS/ 920/21, filed by the PDP seeking the removal of Governor Umahi and his depu­ty, Dr. Igwe, from office.

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.

Consequently, the court declared that the PDP should submit the name of the person that came second in its prima­ry election or in the alternative, conduct a fresh election to pick replacement for the sacked APC governor and his deputy.

The court had earlier dis­missed the application by the governor and his deputy chal­lenging the territorial jurisdic­tion of the court.

Justice Ekwo held that the APC, Umahi and Igwe did not show how the matter would oc­casion a miscarriage of justice if not heard in Ebonyi State.

More so, the court dismissed the preliminary objections raised by the 3rd and 4th defen­dants with regards to section 308 of the constitution.

Also, the application of Umahi and Igwe to refer the matter to the Court of Appeal was dismissed as lacking in merit.

You Can’t Sack Me, Umahi Tells Justice Ekwo

Meanwhile, Governor Da­vid Umahi said Justice Inyang Ekwo of the Federal High Court, Abuja, lacked the pow­ers to sack him as the governor of Ebonyi State.

Umahi was reacting to a judgment by Justice Inyang Ekwo on Tuesday which sacked him and his deputy, Dr. Kelechi Igwe, from their offices for de­fecting from the Peoples Demo­cratic Party (PDP), which spon­sored their elections, to the All Progressives Congress (APC).

The court ruled that Umahi and his deputy can’t transfer the victory of the PDP to an­other political party.

Umahi, who spoke in his of­fice at Centenary City, Abaka­liki, on Tuesday afternoon, insisted that the judgment was influenced.

He described the judgment as a jungle justice, saying, “He (Justice Ekwo) has no power to remove me.”

Umahi said that judgment should be disregarded.

According to him, there are three ways whereby a governor can vacate his seat: either by death, resignation or impeachment by the House of Assembly.

Umahi further disclosed that Justice Ekwo has been petitioned to the National Ju­dicial Council (NJC), adding, “We will follow it up at all cost to ensure that this man is brought to justice.”

Umahi said: “There is noth­ing to worry at all. In the first place, there is no constitutional provision for any hatchet man to remove a governor. There are three ways whereby a governor can vacate his seat: either by death, resignation or impeachment by the House of Assembly. There is no other constitutional provision that empowers a hatchet man to turn the constitution and the law upside down.

“I have listened to the judg­ment of Ekwo and it is very obvious that he was on a mis­sion, he was making all effort to upturn the rulings of the Supreme Court and the Appeal Court on the issues like this.

“We have heard the ru­mours before now that he was determined to give judgment against all known laws and the constitution. First to embar­rass APC, two, to embarrass the Federal Government.

“For me, I do not feel wor­ried, but I feel so sorry for the judiciary. The executive may have problems, the legislature may have problems, but the moment justice could be pur­chased, then, we are in trouble in this country, and the ruling this afternoon is a clear evi­dence that this country is in trouble.

“Let me tell you that this same judge has over 10 cases against Ebonyi State govern­ment with him and you can imagine what he is going to rule. We have petitioned him before NJC and we will follow it up at all cost to ensure that this man is brought to justice.

“I want you to disregard the judgment, it is null and void. There is a subsisting judgment in Zamfara State and there is also a judgment in Ebonyi State. So, we have chosen the one to obey, we will not obey his ruling. We will obey the ruling of a competent court of equal level that says you cannot sue a governor.

“The sections of the con­stitutions are very clear, no criminal or civil proceedings could be brought against a sitting governor. This is not a pre-election matter, this is not a tribunal matter and so, he has murdered justice in this coun­try and he will be remembered and his generation for this jun­gle justice which has no leg to stand. I am still the governor of Ebonyi State and he has no powers to remove me”, he said.

Umahi, however, said he was going to appeal the judg­ment.

PDP Names Igariwey To Replace Umahi, Udeogu, Deputy

Again, following the sack of Ebonyi governor by a Federal High Court in Abuja, PDP on Tuesday replaced David Umahi with Iduma Igariwey.

The party also replaced the deputy governor, Kelechi Igwe, with Fred Udeogu.

Addressing newsmen on the judgment, the national chair­man of PDP, Senator Iyorchia Ayu, said that the party has sent replacements to the In­dependent National Electoral Commission (INEC).

The party has also called on INEC to make preparation for the replacement of the 17 members of the Ebonyi State House of Assembly, who also defected with the governor and his deputy to the APC through bye-election.

Ayu said: “We are also call­ing on INEC to immediately is­sue the certificates of return to the PDP nominees as replace­ment for Messrs. Umahi and Igwe pursuant to the order of the honourable court.

“Furthermore, we call on the Chief Judge of Ebonyi State to immediately swear them in as soon as INEC is­sues the requisite certificates of return.

“And lastly, we call on INEC to immediately withdraw the certificates of return from the 17 lawmakers and commence the process of conducting bye-elections to replace them.

Maxymilliano:
Amaechi VS Omehia 2007.

Votes casted at elections belong to the political party and not the candidate.

Sir Celestine Omehia was removed from office in October 2007 after holding office for five months. The supreme court at that time ruled that he usurped Mr Amaechi's ticket for the election and accordingly should be handed back to the rightful candidate in the eyes of the law.

On this ground, Justice Inyang Ekwo's ruling is sound.

kahal29:
The judgement erroneously relied on Section 221 of the 1999 Constitution (as amended) as well as the judgment of the Supreme Court in Faleke v. INEC.

Unfortunately, the Supreme Court decision in Faleke v. INEC does not relate to the consequence of the defection of a governor from one political party to the other. A more apt instance will be the Atiku Abubakar scenario wherein Atiku Abubakar as Vice President, elected under the PDP, defected to the then Action Congress.

The position of the Supreme Court was reported as Attorney General of the Federation V. Abubakar (2007) 10 NWLR (part 1041) 1. At page 124 of the report, Justice Onnoghen set down the position thus:

“There is nowhere in the 1999 Constitution where it is stated that the President or Vice President of the Federal Republic of Nigeria shall be removed or is removable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party.”

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…”

Secondly the case of Amaechi vs Omehia does not apply here cos it is a pre election matter/case.

nony43:
The Governor of Cross River state should be sacked too. From PDP to APC .

kahal29:
The judgement erroneously relied on Section 221 of the 1999 Constitution (as amended) as well as the judgment of the Supreme Court in Faleke v. INEC.

Unfortunately, the Supreme Court decision in Faleke v. INEC does not relate to the consequence of the defection of a governor from one political party to the other. A more apt instance will be the Atiku Abubakar scenario wherein Atiku Abubakar as Vice President, elected under the PDP, defected to the then Action Congress.

The position of the Supreme Court was reported as Attorney General of the Federation V. Abubakar (2007) 10 NWLR (part 1041) 1. At page 124 of the report, Justice Onnoghen set down the position thus:

“There is nowhere in the 1999 Constitution where it is stated that the President or Vice President of the Federal Republic of Nigeria shall be removed or is removable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party.”

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…”

Secondly the case of Amaechi vs Omehia does not apply here cos it is a pre election matter/case.

ekevwe:
Most Nigeria politicians are not brilliant. They don't read the constitution comprehensively

Aonkuuse:
You that read the constitution, why did the court not sack Ortom of APC when he defected to PDP with APC mandate It's clear that judge has a flag of PDP. Was it not recently the house reject the bill of removal from office due to cross-carpeting??